EXCHANGE 


1913 


REVISION  OF  1911 


STATE  OF  MICHIGAN 


LAWS    RELATING    TO 


ELECTIONS 


COMPILED   UNDER   THE    SUPERVISION    OF 

FREDERICK  C.  MARTINDALE 

SECRETARY    OF    STATE 


BY  AUTHORITY 


LANSING,  MICHIGAN 

WYNKOOP   HALLBNBECK    CRAWFORD    CO.,    STATE    PRINTERS 

1911 


REVISION  OF  1911 


STATE  OF  MICHIGAN 


LAWS    RELATING    TO 


EJECTIONS 


COMPILED    UNDER    THE    SUPERVISION    OF 

FREDERICK  C.  MARTINDALE 


SECRETARY    OF    STATE 


BY  AUTHORITY 


LANSING,   MICHIGAN 

WYNKOOP    HALLENBECK    CRAWFORD    CO.,    STATE    PRINTERS 

1911 


TABLE  OF  CONTENTS. 


I 


CHAPTER  I. 

Sections. 

Constitutional  provisions    1-82 

Elections  defined   83 

CHAPTER  II. 
Registration : 

Act   177   of  1859    84-113 

Registration    in   cities 85-91 

Registration  in  townships 92-100 

Death  and  removal  of  electors 101-104 

Village  elections    105-112 

In  Wayne  county   113 

Act  4  of  1869— Registration  in  new  townships 114-119 

Boards  of,  not  to  meet  where  liquors  are  sold 120-121 

CHAPTER  III. 

General  and  Special  Elections: 

Act  175  of  1851— Holding  of  general  and  special  elections 122-130 

Notification    of    elections 131-138 

Act  190  of  1891— Manner  of  conducting,  and  to  prevent  fraud 139-183 

Act  175  of  1851— Continued. 

Poll  lists 184 

Canvass    of   votes 185-193 

District   canvass    194-200 

State    canvass    201-216 

Representatives    and    presidential    electors 217-220 

Miscellaneous   provisions    221-226 

Act  194  of  1891 — Municipal  and  township  elections 227-229 

Identifying  ballots  of  unqualified  voters 230-235 

CHAPTER  IV. 

Canvass  and  Return  of  Votes: 

Act  149  of  1895 — Board  of  county  canvassers 236-248 

Special  canvass  for  state  senators  and  representatives  to  fill  vacancies  249 

Uniformity    in    returns 250-251 

Correction  of  frauds  and  errors  in  returns 252 

Preservation  of  evidence  of  error  or  fraud 253-259 

CHAPTER  V. 

Act  203  of  1877 — Election  districts  in  townships  and  villages 260-273 

CHAPTER  VI. 

Act  135  of  1895— Primaries  in  cities . .                                                                  .  274-295 


CONTENTS. 


CHAPTER  VII. 

Township  Elections— Duties  of  Officers:  (Chap.  16,  R.  S.  1846.)  Sections. 

Township  meetings  296-315 

Act  283  of  1909— Overseers  of  highwaj^s 316-318 

Manner  of  conducting  elections  (Chap.  16,  R.  S.  1846,  continued) .  319-329 

Canvass  of  votes 330-334 

Township  officers  335-345 

Resignations,  vacancies,  etc 346-349 

Duties  of  township  clerk 350-352 

Township  treasurer 353 

Compensation  of  township  officers 354-356 

Township  business,  other  than  elections 357-361 

Qualification  of  voters  and  officers 362-368 

Act  156  of  1851 — First  elections  in  townships 369 

CHAPTER  VIII. 

Offenses  Against  Election  Laws: 

Penalties,  R.  S.  1846,  Chap.  19 370-376 

Betting  upon  elections 

Betting  upon  nominations .*. 378-379 

Bribery    380-389 

Protection  of  primaries  and  conventions 390-398 

Purity  of  conventions 399-402 

Disturbances   403 

Closing  of  saloons 404 

CHAPTER  IX. 

County  officers,  election  and  qualification 405-438 

Approval  of  bonds 439 

CHAPTER  X. 

Resignations,  Vacancies  and  Removals: 

Resignations     440-441 

Vacancies    442-443 

Removals    444-449 

Filling  vacancies  " 450-453 

CHAPTER  XL 

Election  of  Certain  Officers: 

Circuit  judges   454-461 

Regents  of  university 462-465 

State  board  of  education 

Superintendent  of  public  instruction 

Justices  of  supreme  court 468-475 

U.   S.   senators 476-478 

State  highway  commissioner 479 

CHAPTER  XII. 

Elections  in  Cities  and  Villages: 

Fourth  class  cities 480-526 

Villages    527-544 

CHAPTER  XIII. 
Miscellaneous: 

Voting  machines   545-580 

Return  of  vote  to  secretary  of  state 581-582 

Publicity  of  proposed  constitutional  amendments 583-584 

Apportionment  of  state  senators  and  representatives 585-587 

Local  option  law 588-606 

Legal  holidays   607-609 


CONTENTS. 


CHAPTER  XIV. 

Primary  Election  Law:  Sections. 

Act  281  of  1909 610-666 

APPENDIX. 

U.  S.  laws,  relative  to  naturalization  of  aliens. 

NOTE. — This  compilation  includes  only  laws  of  a  general  nature.  TLocal  acts 
which  concern  particular  localities  have  been  omitted. 

The  annotations  include  supreme  court  decisions  to  and  including  the  165th 
Michigan  report.  The  character  /  is  used  in  citing  cases,  to  avoid  the  repetition 
of  Mich.;  the  section  mark  §  refers  to  the  section  number  of  the  compiled  laws 
of  1897. 

The  section  numbers  in  parentheses,  (  ),  are  compiler's  sections  and  are  con- 
secutive throughout  the  book,  and  the  notes  used  refer  to  these  sections. 

Abbreviations — Am.,  amended;  C.  L.,  Compiled  Laws. 


ELECTION  LAWS. 


CHAPTER  I.— CONSTITUTIONAL  PROVISIONS. 


ARTICLE  III. 


ELECTIVE    FRANCHISE. 

(1)  SECTION  1.  In  all  elections,  every  male  inhabitant  of  this  state, 
being  a  citizen  of  the  United  States;  every  male  inhabitant  residing  in 
this  state  on  the  twenty-fourth  day  of  June,  eighteen  hundred  thirty- 
five;  every  male  inhabitant  residing  in  this  state  on  the  first  day  of 
January,  eighteen  hundred  fifty;  every  male  inhabitant  of  foreign  birth 
who,  having  resided  in  the  state  two  years  and  six  months  prior  to  the 
eighth  day  of  November,  eighteen  hundred  ninety-four,  and  having  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  two  years 
and  six  months  prior  to  said  last  named  day;  and  every  civilized  male 
inhabitant  of  Indian  descent,  a  native  of  the  United  States  and  not  a 
member  of  any  tribe,  shall  be  an  elector  and  entitled  to  vote;  but  no 
one  shall  be  an  elector  or  entitled  to  vote  at  any  election  unless  he 
shall  be  above  the  age  of  twenty-one  years,  and  has  resided  in  this 
state  six  months  and  in  the  township  or  ward  in  which  he  offers  to 
vote  twenty  days  next  preceding  such  election :  Provided,  That  in  time 
of  war,  insurrection  or  rebellion  no  qualified  elector  in  the  actual  mili- 
tary service  of  the  United  States  or  of  this  state,  or  in  the  army  or 
navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence  from 
the  township,  ward  or  state  in  which  he  resides;  and  the  legislature 
shall  provide  by  law  the  manner  in  which  and  the  time  and  place  at 
which  such  absent  electors  may  vote,  and  for  the  canvass  and  return  of 
their  votes. 

QUALIFICATION  OF  ELECTORS :  The  source  of  all  authority  to  vote  at  popular 
elections  is  the  constitution ;  the  electorate  is  constituted  by  the  fundamental  law ;  and 
the  qualifications  of  electors  must  be  uniform  throughout  the  state. — Coffin  v.  Election 
Commissioners,  97/189;  Att'y  Gen.  v.  Abbott,  121/545.  As  to  uniformity,  see  also, 
Att'y  Gen.  v.  Common  Council,  58/216;  Maynard  v.  Canvassers,  84/239.  The  qual'fica- 
tions  of  voters  at  school  meetings  have  never  been  identical  with  those  of  electors  as  defined 
in  the  constitution. — Belles  v.  Burr,  76  /  1. 

TOWNSHIP  OR  WARD  :  No  one  can  vote  anywhere  but  in  the  township,  or  ward  where 
he  resides,  except  as  now  provided  in  the  case  of  soldiers. — People  v.  Blodgett,  13  /  127  ; 
People  v.  Maynard,  15  /  463 ;  Att'y  Gen.  v.  Holihan,  29  / 116 ;  Att'y  Gen.  v.  Common 
Council,  58  /  213  ;  Warren  v.  Board  of  Registration,  72  /  401.  For  election  purposes  each 
ward  is  made  by  the  constitution  equivalent  to  a  township. — Allor  v.  Wayne  Auditors, 
43  /  76.  The  intention  of  the  voter  is  an  important  factor  in  determining  residence. — 
Harbaugh  v.  Cicott,  33/241,  250. 

CONSOLIDATION  OF  TOWNSHIPS:  The  electors  of  a  disorganized  township,  the  dis- 
organization taking  effect  one  day  before  the  annual  township  election,  have  a  right  to 
exercise  in  the  new  township  the  franchise  possessed  by  them  in  the  old. — Att'y  Gen.  v. 
McColeman,  144/67. 


8  STATE    OF   MICHIGAN. 

(2)  SEC.  2.    No  elector  shall  be  deemed  to  have  gained  or  lost  a  resi- 
dence by  reason  of  his  being  employed  in  the  service  of  the  United  States 
or  of  this  state,  nor  while  engaged  in  the  navigation  of  the  waters  of 
this  state  or  of  the  United  States  or  of  the  high  seas,  nor  while  a  student 
at  any  institution  of  learning,  nor  while  kept  at  any  almshouse  or  other 
asylum  at  public  expense,  nor  while  confined  in  any  public  prison;  ex- 
cept that  honorably  discharged  soldiers,  seamen  and  marines  who  have 
served  in  the  military  or  naval  forces  of  the  United  States  or  of  this 
state  and  who  reside  in  soldiers'  homes  established  by  this  state  may 
acquire  a  residence  where  such  home  is  located. 

(3)  SEC.  3.     No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  state  in  consequence 
of  being  stationed  in  any  military  or  naval  place  within  the  state. 

(4)  SEC.  4.    Whenever  any  question  is  submitted  to  a  vote  of  the  elec- 
tors which  involves  the  direct  expenditure  of  public  money  or  the  issue  of 
bonds,  every  woman  having  the  qualifications  of  male  electors  who  has 
property  assessed  for  taxes  in  any  part  of  the  district  or  territory  to 
be  affected  by  the  result  of  such  election  shall  be  entitled  to  vote  thereon. 

(5)  SEC.  5.    Every  elector  in  all  cases,  except  for  treason,  felony  or 
breach  of  the  peace,  shall  be  privileged  from  arrest  during  his  attend- 
ance at  elections  and  in  going  to  and  returning  from  the  same. 

(6)  SEC.  6.     No  elector  shall  be  obliged  to  do  militia  duty  on  the 
day  of  election,  except  in  time  of  war  or  public  danger,  or  to  attend  court 
as  a  suitor  or  witness. 

(7)  SEC.  7.    All  votes  shall  be  given  by  ballot,  except  for  such  town- 
ship officers  as  may  be  authorized  by  law  to  be  otherwise  chosen. 

BALLOT :  People  v.  Blodgett,  13  / 143 ;  Belles  v.  Burr,  76  /  23 ;  Maynard  v.  Can- 
vassers, 84  /  234 ;  Att'y  Gen.  v.  May,  99  /  547.  The  object  of  this  provision  was  to  secure 
the  entire  independence  of  the  electors,  to  enable  them  to  vote  according  to  their  own 
individual  convictions  of  right  and  duty. — People  v.  Cicott,  16  /  312.  The  ballot  is  a 
constitutional  method  which  cannot  be  changed. — Att'y  Gen.  v.  Detroit  Com.  Council, 
58/213,  217. 

(8)  SEC.  8.    Laws  shall  be  passed  to  preserve  the  purity  of  elections 
and  guard  against  abuses  of  the  elective  franchise. 

People  v.  Blodgett,  13  / 177 ;  Att'y  Gen.  v.  Detroit  Com.  Council,  58  /  215 ;  Att'y  Gen. 
v.  Detroit,  78  /  552 ;  Common  Council  v.  Rush,  82  /  537 ;  Att'y  Gen.  v.  May,  99  /  547 ; 
Todd  v.  Election  Commissioners,  104  /  474. 

REGISTRATION :  Registration  is  imperative  and  must  be  complied  with  before  the 
elector  can  vote ;  and  the  failure  of  the  board  of  registration  to  meet  is  of  no  avail  to 
the  elector. — People  v.  Kopplekom,  16  /  342.  For  the  various  statutory  provisions  as  to 
registration,  etc.,  see  sections  84-121. 


ARTICLE  V. 
LEGISLATIVE  DEPARTMENT. 

(9)  SECTION  1.    The  legislative  power  is  vested  in  a  senate  and  house 
of  representatives. 

People  v.  Collins,  3/343;  State  Tax  Law  Cases,  54/350,  398,  455;  King  v.  Concordia 
Ins.  Co.,  140/267;  Albert  v.  Gibson,  141/700;  Att'y  General  v.  Bolger,  128/362; 
People  v.  Salsbury,  134  /  544  ;  People  v.  Dettenthaler,  118  /  602. 

(10)  SEC.  2.    The  senate  shall  consist  of  thirty -two  members.     Sena- 
tors shall  be  elected  for  two  years  and  by  single  districts.    Such  districts 


LAWS  RELATING  TO  ELECTIONS. 


shall  be  numbered  from  one  to  thirty-two,  inclusive,  each  of  which  shall 
choose  one  senator.  No  county  shall  be  divided  in  the  formation  of 
senatorial  districts,  unless  such  county  shall  be  equitably  entitled  to 
two  or  more  senators. 

Hunt  v.  Buhrer,  133/113;   Williams  v.   Sec'y  of  State,  145/447. 

DIVISION  OP  COUNTY :  The  only  counties  affected  by  this  provision  are  Wayne  and 
Kent. 

(11)  SEC.  3.     The  house  of  representatives  shall  consist  of  not  less 
than  sixty-four  nor  more  than  one  hundred  members.     Representatives 
shall  be  chosen  for  two  years  and  by  single  districts,  which  shall  contain 
as  nearly  as  may  be  an  equal  number  of  inhabitants  and  shall  consist  of 
convenient  and  contiguous  territory;  but  no  township  or  city  shall  be 
divided  in  the  formation  of  a  representative  district.     When  any  town- 
ship or  city  shall  contain  a  population  which  entitles  it  to  more  than 
one  representative,  then  such  township  or  city  shall  elect  by  general 
ticket  the  number   of    representatives   to   which    it    is   entitled.     Each 
county,  with  such  territory  as  may  be  attached  thereto,  shall  be  entitled 
to  a  separate  representative  when  it  has  attained  a  population  equal  to 
a  moiety  of   the   ratio  of    representation.     In  every  county  entitled  to 
more  than  one  representative,  the  board  of  supervisors  shall  assemble 
at  such  time  and  place  as  shall  be  prescribed  by  law,  divide  the  same 
into  representative  districts  equal  to  the  number  of  representatives  to 
which  such  county  is  entitled  by  law,  and  shall  cause  to  be  filed  in  the 
offices  of  the  secretary  of  state  and  clerk  of  such  county  a  description 
of  such  representative  districts,  specifying  the  number  of  each  district 
and  population  thereof  according  to  the  last  preceding  enumeration. 

CONTIGUOUS  TFRRITORY:  This  does  not  require  contact  by  land,  but  portions  of 
territory,  although  separated  by  wide  reaches  of  navigable  deep  waters,  may  be  considered 
contiguous. — Supervisors  v.  Sec'y  of  State,  92  /  638. 

GFNFRAL  TICKFT :  No  township  has  ever  come  under  this  provision  and  only  three 
cities,  Detroit,  Grand  Rapids  and  Saginaw. 

SUBDIVISION  OF  COUNTY:  The  power  to  divide  the  county  into  representative  dis- 
tricts is  vested  in  the  board  of  supervisors  and  not  in  the  legislature. — Supervisors  v. 
Sec'y  of  State,  92  /  638. 

See  Smith  v.  Saginaw,  81  / 123 ;  Maynard  v.  Canvassers,  84  /  228 ;  Hunt  v.  Buhrer, 
133/113. 

(12)  SEC.  4.     At  the  session  in  nineteen  hundred  thirteen,  and  each 
tenth  year  thereafter,  the  legislature  shall  by  law  rearrange  the  sena- 
torial districts  and  apportion  anew  the  representatives  among  the  coun- 
ties and  districts  according  to  the  number  of  inhabitants,  using  as  the 
basis  for  such  apportionment  the   last   preceding   United  States  census 
of  this  state.     Each  apportionment  so  made,  and  the  division  of  any 
county  into  representative  districts  by  its  board  of  supervisors,  made 
thereunder,  shall  not  be  altered  until  the  tenth  year  thereafter. 

DISTRICTS  UNALTERABLE :  The  constitution  prohibits  any  alteration  of  a  district 
and  a  law  which,  by  the  change  of  city  boundaries,  transfers  electors  from  one  district  to 
another  is  as  much  an  alteration  as  it  would  be  if  the  same  result  were  brought  about 
in  a  different  way. — Att'y  Gen.  v.  Holihan,  29/116.  But.  except  as  prohibited  by  the 
constitution,  the  legislature  can  change  legislative  districts,  and  the  power  to  do  so  is 
not  lodged  exclusively  in  the  boards  of  supervisors.  Such  changes  mav  be  made  after  a 
new  enumeration  and  prior  to  the  new  apportionment. — People  v.  Bradley,  36/447.  The 
organization  of  a  new  county  out  of  an  entire  representative  d:strict  is  not  prohibited. — 
Bay  Co.  v.  Bullock.  51  /  544.  An  act  which  consolidates  two  cities  situated  in  d'fferent 
districts,  but  expressly  preserves  the  boundaries  of  the  districts  and  the  manner  of  elect- 
ing representatives,  does  no^  violate  this  provision  of  the  constitution. — Smith  v.  Saginaw, 
81  /  123.  See  also,  Att'y  Gen.  v.  Springwells  Twp.,  143  /  523. 

(13)  SEC.  5.     Each  senator  and  representative  shall  be  a  citizen  of 


10  STATE    OF    MICHIGAN. 


the  United  States  and  a  qualified  elector  of  the  district  he  represents,  and 
his  removal  from  the  district  shall  be  deemed  a  vacation  of  the  office. 

(14)  SEC.  6.     No  person  holding  any  office  under  the  United  States 
or  this  state  or  any  county  office,  except  notaries  public,  officers  of  the 
militia  and  officers  elected  by  townships,  shall  be  eligible  to  or  have  a 
seat  in  either  house  of  the  legislature;  and  all  votes  given  for  any  such 
person  shall  be  void. 

A  member  of  the  legislature,  which  enacted  the  law  providing  for  the  constitutional 
convention,  is  ineligible  as  a  delegate  to  that  convention. — Fyfe  v.  Kent  County  Clerk, 
149  /  349.  The  board  of  district  canvassers  has  no  jurisdiction  to  determine  whether  a 
candidate  is  ineligible,  because  holding  the  office  of  prosecuting  attorney,  and  reject  votes 
cast  for  such  ineligible  candidate. — Att'y  Gen.  v.  Bd.  of  Canvassers,  155  /  44. 

(15)  SEC.  7.     No  person  elected  a  member  of  the  legislature  shall 
receive  any  civil  appointment  within  this  state  or  to  the  senate  of  the 
United  States  from  the  governor,  except  notaries  public,  or  from  the 
governor  and  senate,  from  the  legislature,  or  any  other  state  authority, 
during  the  term  for  which  he  is  elected.    All  such  appointments  and  all 
votes  given  for  any  person  so  elected  for  any  such  office  or  appointment 
shall  be  void.    No  member  of  the  legislature  shall  be  interested  directly 
or  indirectly  in  any  contract  with  the  state  or  any  county  thereof,  author- 
ized by  any  law  passed  during  the  time  for  which  he  is  elected,  nor  for 
one  year  thereafter. 

APPOINTMENT :  The  term  "appointment"  seems  to  be  used  here  as  synonymous  with 
"election." — People  v.  Hurlbut,  24  /  44.  The  purpose  of  such  provisions  is  to  prevent 
officers  from  using  their  official  positions  in  the  creation  of  offices  for  themselves,  or  for 
the  appointment  of  themselves  to  place. — Ellis  v.  Lennon,  86  /  468. 

ELIGIBILITY  :  A  member  of  the  legislature  is  not  ineligible  to  become  a  candidate  for 
member  of  board  of  county  auditors,  since  the  duties  of  the  latter  office  are  purely  local 
in  character. — Lodge  v.  Wayne  County  Clerk,  155  /  426.  The  constitution  does  not  preclude 
a  member  of  the  legislature  from  being  a  candidate  for  a  county  office :  the  effect  of  such 
election,  if  the  duties  of  the  office  are  incompatible  with  the  duties  of  a  member  of  the 
legislature,  would  be  to  vacate  ipso  facto  the  office  first  held. — Id. 

(16)  SEC.  8.     Senators  and  representatives  shall  in  all  cases,  except 
for  treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing sessions  of  the  legislature  and  for  fifteen  days  next  before  the  com- 
mencement and  after  the  termination  thereof.     They  shall  not  be  sub- 
ject to  any  civil  process  during    the  same  period.     They  shall  not  be 
questioned  in  any  other  place  for  any  speech  in  either  house. 

(17)  SEC.  9.     The  compensation  of  the  members  of  the  legislature 
shall  be  eight  hundred  dollars  for  the  regular  session.     When  convened 
in  extra  session  their  compensation  shall  be  five  dollars  per  day  for  the 
first  twenty  days  and  nothing  thereafter.     Members  shall  be  entitled  to 
ten  cents  per  mile  and  no  more  for  one  round  trip  to  each  regular  and 
special  session  of  the  legislature  by  the  usually  traveled  route.     Each 
member  shall  be  entitled  to  one  copy  of  the  laws,  journals  and  documents 
of  the  legislature  of  which  he  is  a  member,  but  shall  not  receive,  at 
the  expense  of  the  state,  books,  newspapers  or  perquisites  of  the  office 
not  expressly  authorized  by  this  constitution. 

(18)  SEC.  10.    The  president  of  the  senate  and  speaker  of  the  house 
of  representatives  shall  be  entitled  to  the  same  compensation  and  mileage 
as  members  of  the  legislature  and  no  more. 

(19)  SEC.  11.    In  case  of  a  contested  election,  compensation  and  mile- 
age shall  be  paid  only  to  the  person  declared  to  be  entitled  to  a  seat 
by  the  house  in  which  the  contest  takes  place. 


LAWS    RELATING    TO    ELECTIONS.  11 


(20)  SEC.  12.    The  election  of  senators  and  representatives,  pursuant 
to  the  provisions  of  this  constitution,  shall  be  held  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  nineteen  hundred  ten,  and  on  the 
Tuesday  succeeding  the  first  Monday  of  November  of  every  second  year 
thereafter. 

(21)  SEC.  15.    Each  house,  except  as  otherwise  provided  in  this  con- 
stitution,, shall  choose  its  own  officers  and  determine  the  rules  of  its 
proceedings,  but  shall  not  adopt  any  rule  that  will  prevent  a~nrajority 
of  the  members  elected  from  discharging  a  committee  from  the  further 
consideration  of  any  measure.    Each  house  shall  judge  of  the  qualifica- 
tions, elections  and  returns  of  its  members,  and  may,  with  the  concur- 
rence of  two-thirds  of  all  the  members  elected,  expel  a  member.     The 
reasons  for  such  expulsion  shall  be  entered  upon  the  journal,  with  the 
names  of  the  members  voting  on  the    question.     No  member  shall  be 
expelled  a  second  time  for  the  same  cause. 

The  senate  is  the  sole  judge  of  the  qualifications  of  its  members,  and  this  court  has  no 
jurisdiction  to  determine  a  basis  for  its  decision  or  to  review  it  when  made. — Att'y  Gen- 
eral v.  Board  of  Canvassers,  155  /  44. 

(22)  SEC.  17.    In  all  elections  by  either  house  or  in  joint  convention 
the  votes  shall  be  given  viva  voce.     All  votes  on  nominatipns  to  the 
senate  shall  be  taken  by  yeas  and  nays  and  published  with  the  journal 
of  its  proceedings. 


ARTICLE  VI. 
EXECUTIVE   DEPARTMENT. 

(23)  SECTION  1.    There  shall  be  elected  at  each  general  biennial  elec- 
tion a  governor,  a  lieutenant  governor,  a  secretary  of  state,  a  state  treas- 
urer, a  commissioner  of  the  state  land  office,  an  auditor  general  and  an 
attorney  general,  for  the  term  of  two  years.    They  shall  keep  their  offices 
at  the  seat  of  government,  superintend  them  in  person  and  perform  such 
duties  as  may  be  prescribed  by  law.     The  office  of  commissioner  of  the 
state  land  office  may  be  abolished  by  law. 

(24)  SEC.  6.    He  (governor)  shall  issue  writs  of  election  to  fill  such 
vacancies  as  occur  in  the  senate  or  house  of  representatives. 

(25)  SEC.  10.     Whenever  a  vacancy  shall  occur  in  any  of  the  state 
offices,  the  governor  shall  fill  the  same  by  appointment,  by  and  with  the 
advice  and  consent  of  the  senate,  if  in  session. 

(26)  SEC.  11.     All  official  acts  of  the  governor,  except  his  approval 
of  the  laws,  shall  be  authenticated  by  the  great  seal  of  the  state,  which 
shall  be  kept  by  the  secretary  of  state. 

(27)  SEC.  12.    All  commissions  issued  to  persons  holding  offi'ce  under 
the  provisions  of  this  constitution  shall  be  in  the  name  and  by  the  author- 
ity of  the  people  of  the  state  of  Michigan,  sealed  with  the  great  seal 
of  the  state,  signed  by  the  governor  and  countersigned  by  the  secretary 
of  state. 

(28)  SEC.  13.     No  person  shall  be  eligible  to  the  office  of  governor 
or  lieutenant  governor  who  shall  not  have  attained  the  age  of  thirty  years 


12  STATE    OF    MICHIGAN. 


and  who  has  not  been  five  years  a  citizen  of  the  United  States  and  a 
resident  of  this  state  two  years  next  preceding*  his  election. 

Att'y  General   v.   Detroit   Com.   Council,   112  / 151. 

(29)  SEC.  14.    No  member  of  congress  nor  any  person  holding  office 
under  the  United  States  or  this  state  shall  execute  the  office  of  governor, 
except  as  provided  in  this  constitution. 

(30)  SEC.  15.    No  person  elected  governor  or  lieutenant  governor  shall 
be  eligible  to  any  office  or  appointment  from  the  legislature,  or  either 
house  thereof,  during  the  time  for  which  he  was  elected.    All  votes  for 
either  of  them  for  any  such  office  shall  be  void. 

(31)  SEC.  16.     In  case  of  the  impeachment  of  the  governor,  his  re- 
moval from  office,  death,  inability,  resignation  or  absence  from  the  state, 
the  powers  and  duties  of  the  office  shall  devolve  upon  the  lieutenant  gov- 
ernor for  the  residue  of  the  term  or  until  the  disability  ceases.     When 
the  governor  shall  be  out  of  the  state  at  the  head  of  a  military  force 
thereof,  he  shall  continue  commander-in-chief  of  all  the  military  force 
of  the  state. 

(32)  SEC.  17.    During  a  vacancy  in  the  office  of  governor,  if  the  lieu- 
tenant governor  die,  resign,  or  be  impeached,  displaced,  be  incapable  of 
performing  the  duties  of  his  office,  or  absent  from  the  state,  the  secre- 
tary of  state  shall  act  as  governor  until  the  vacancy  be  filled  or  the 
disability  cease. 

(33)  SEC.  18.     The  lieutenant  governor  or  secretary  of  state,  while 
performing  the  duties  of  governor,  shall  receive  the  same  compensation 
as  the  governor. 

(34)  SEC.  20.     The  secretary  of  state,  state  treasurer  and  commis- 
sioner of  the  state  land  office  shall  constitute  a  board  of  state  auditors. 
They  shall  examine  and  adjust  all  claims  against  the  state  not  otherwise 
provided  for  by  general   law.     They  shall  constitute  a  board  of  state 
canvassers  to  determine  the  result  of  all  elections  for  governor,  lieuten- 
ant governor,  state  officers  and  such  other  officers  as  shall  by  law  be 
referred  to  them.     They  shall  act  as  a  state  board  of  escheats  and  a 
board  of  fund  commissioners.     They  shall    perform    such    other    duties 
as  may  be  prescribed  by  law.    In  case  the  office  of  commissioner  of  the 
state  land  offiice  is  abolished,  another  state  officer  shall  be  designated 
by  law  as  a  member  of  the  several  boards  mentioned  in  this  section. 

STATE  CANVASSERS  :  The  determination  of  this  board  is  subject  to  no  review  except 
as  provided  in  the  next  section. — People  v.  Cicott,  16  /  301  :  Royce  v.  Goodwin,  22  /  501 ; 
Ayres  v.  State  Auditors,  42  /  427 ;  Newton  v.  Canvassers,  94  /  459 ;  Vanoe  v.  Canvassers, 
95  /  466.  As  to  when  a  succeeding  board  may  be  compelled  to  convene  and  recanvass 
returns,  see  Belknap  v.  State  Canvassers,  95  / 155 ;  Rich  v.  State  Canvassers.  100  /  453. 
When  mandamus  will  not  be  issued  against. — Baker  v.  St.  Canvassers,  69  /  656.  See  sec- 
tion 201  and  notes. 

See  Warner  v.  Aud.  Gen.,  129  /  650.  As  to  jurisdiction  of  the  board  in  a  recount  under 
the  primary  election  law,  see  Bradley  v.  Bd.  of  State  Canvassers,  154  /  274. 

(35)  SEC.  21.    The  governor  and  attorney  general  shall  each  receive 
an  annual  salary  of  five  thousand  dollars.    The  secretary  of  state,  state 
treasurer,  commissioner  of  the  state  land  office  and  auditor  general  shall 
each  receive  an  annual  salary  of  twenty-five  hundred  dollars.    They  shall 
receive  no  fees  or  perquisites  whatever  for  the  performance  of  any  duties 
connected  with  the  offices.    It  shall  not  be  competent  for  the  legislature 
to  increase  the  salaries  herein  provided. 


LAWS    RELATING    TO    ELECTIONS.  13 

AETICLE  VII. 
JUDICIAL    DEPARTMENT. 

(36)  SECTION  1.     The  judicial  power  shall  be  vested  in  one  supreme 
court,  circuit  courts,  probate  courts,  justices  of  the  peace  and  such  other 
courts  of  civil  and  criminal  jurisdiction,  inferior  to  the  supreme  court, 
as  the  legislature  may  establish  by  general  law,  by  a  two-thirds  vote  of 
the  members  elected  to  each  house. 

THE  SUPREME   COURT. 

(37)  SEC.  2.    The  supreme  court  shall  consist  of  one  chief  justice  and 
associate  justices,  to  be  chosen  by  the  electors  of  the  state  at  the  regular 
biennial  spring  elections;  and- not  more  than  two  justices  shall  go  out  of 
office  at  the  same  time.    The  term  of  office  shall  be  prescribed  by  law. 

The  number  of  justices  is  now  eight  and  term  of  office  eight  years. 

CIRCUIT   COURTS. 

(38)  SEC.  8.    The  state  shall  be  divided  into  judicial  circuits  in  each 
of  which  there  shall  be  elected  one  circuit  judge.     The  legislature  may 
provide  by  law  for  the   election  of  more  than  one  circuit  judge  in  any 
judicial  circuit.    A  circuit  court  shall  be  held  at  least  four  times  in  each 
year  in  every    county  organized  for    judicial    purposes.     Each    circuit 
judge  shall  hold  court  in  the  county  or  counties  within  the  circuit  in 
which  he  is  elected,  and  in  other  circuits  as  may  be  provided  by  law. 
The  legislature  may  by  law  arrange  the  various  circuits  into  judicial 
districts,  and  provide  for  the  manner  of  holding  courts  therein.     Cir- 
cuits and  districts  may  be  created,  altered  or  discontinued  by  law,  but 
no  such  alteration  or  discontinuance  shall  have  the  effect  to  remove  a 
judge  from  office. 

Royce  v.  Goodwin,  22  /  496. 

(39)  SEC.  9.     Circuit  judges  shall  be  elected  on  the  first  Monday  in 
April,  nineteen  hundred  eleven,  and  every  sixth  year  thereafter.     They 
shall  hold  office  for  a  term  of  six  years  and  until  their  successors  are 
elected  and  qualified.    They  shall  be  ineligible  to  any  other  than  a  judi- 
cial office  during  the  term  for  which  they  are  elected  and  for  one  year 
thereafter. 

People   v.   Burch,   84/408. 

As  to  election  of  circuit  judges,  see  sections  454-461. 

(40)  SEC.  12.    Each  of  the  judges  of  the  circuit  courts  shall  receive  a 
salary  payable  monthly.     In  addition  to  the  salary  paid  from  the  state 
treasury,  each  circuit  judge  may  receive  from  any  county  in  which  he 
regularly  holds  court  such  additional  salary  as  may  be  determined  from 
time  to  time  by  the  board  of  supervisors  of  the  county.    In  any  county 


14  STATE    OF    MICHIGAN. 


where  such  additional  salary  is  granted  it  shall  be  paid  at  the  same  rate 
to  all  circuit  judges  regularly  holding  court  therein. 


PROBATE    COURTS. 

(41)  SEC.  13.    In  each  county  organized  for  judicial  purposes,  there 
shall  be  a  probate  court.     The  jurisdiction,  powers  and  duties  of  such 
courts  and  of  the  judges  thereof  shall  be  prescribed  by  law,  and  they 
shall  also  have  original  jurisdiction  in  all  cases  of  juvenile  delinquents 
and  dependents. 

(42)  SEC.  14.     Judges  of  probate  shall  be  elected  in  the  counties  in 
which  they  reside,  and  shall  hold  office  for  four  years  and  until  their 
succcessors  are  elected  and  qualified.    They  shall  be  elected  on  the  Tues- 
day succeeding  the  first  Monday  of  November,  nineteen  hundred  twelve, 
and  every  four  years  thereafter.    The  legislature  may  provide  by  law  for 
the  election  of  more  than  one  judge  of  probate  in  counties  with  more 
than  one  hundred  thousand  inhabitants,  and  may  provide  for  the  election 
of  such  judges  in  such  counties  at  alternate  biennial  elections. 

PROBATE  JUDGES:  The  duties  performed  by  probate  judges  are  in  no  sense  services 
performed  for  their  respective  counties  and  they  are  in  no  sense  county  officers.  They 
exercise  a  portion  of  the  judicial  and  prerogative  power  of  the  state  and  cannot  be  sub- 
jected to  the  direction  of  any  body  inferior  to  the  legislature. — Douvielle  v.  Manistee  Su- 
pervisors, 40  /  585.  But  probate  judges  must  reside  within  the  counties  for  which  elected. 
— Royce  v.  Goodwin,  22  /  496.  Appointment  to  fill  vacancy. — People  v.  Lord,  9  /  227. 


JUSTICES   OF   THE   PEACE. 

(43)  SEC.  15.    There  shall  be  elected  in  each  organized  township  not 
to  exceed  four  justices  of  the  peace,  each  of  whom  shall  hold  the  office 
for  four  years  and  until  his  successor  is  elected  and  qualified.     At  the 
first  election  in  any  township  they  shall  be  classified  as  shall  be  prescribed 
by  law.     A  justice  elected  to  fill  a  vacancy  shall  hold  the  office  for  the 
residue  of  the  unexpired  term.    The  legislature  may  provide  by  law  for 
justices  in  cities. 

FOUR  JUSTICES :  There  has  always  been,  under  the  constitution,  four  justices  pro- 
vided by  law  for  each  township,  and  the  term  of  years  of  the  office,  and  the .  provision 
for  classification  of  the  terms  at  the  first  election  tend  to  support  the  theory  that  it  was 
intended  by  the  constitution  that  there  should  be  four  justices  in  each  township ;  but 
the  constitution  strictly,  by  its  terms,  does  not  provide  that  there  must  be  four  justices 
in  a  township,  but  that  there  shall  be  not  exceeding  four. — Brooks  v.  Hydorn,  76  /  273. 
A  justice  of  the  peace  is  a  constitutional  officer  and  cannot  be  legislated  out  of  office 
by  the  reorganization  of  a  municipality  or  the  amendment  of  a  charter. — Gratupp  v.  Van 
Epps,  113  /  590 ;  see  also  Att'y  Gen.  v.  Loomis,  141  /  547.  As  to  the  election  of  justices 
in  townships,  see  section  296  of  this  compilation,  also  sections  2369-73  of  C.  L.  1897. 

MUST  BE  ELECTED:  The  constitution  requires  all  justices  to  be  elected  and  it  's 
against  public  policy  to  have  them  chosen  otherwise  except  for  temporary  purposes. — 
Edison  v.  Almy,  66/329:  Brooks  v.  Hydorn,  76/275. 

TERM  OF  OFFICE:      See  Messenger  v.   Teagan,  106/654;   Hulbert  v.   Henry,   105/212. 

GENERAL   PROVISIONS. 

(44)  SEC.  19.     Whenever  a  judge  shall  remove  beyond  the  limits  of 
the  jurisdiction  for  which  he  was  elected,  or  a  justice  of  the  peace  from 
the  township  in  which  he  was  elected,  or  by  a  change  in  the  boundaries 
of  such  township  shall  be  placed  without  the  same,  he  shall  be  deemed 
to  have  vacated  the  office. 

See  Royce  v.  Goodwin,  22/496^  Faulks  v.  People,  39/200. 


LAWS    RELATING    TO    ELECTIONS.  15 

(45)  SEC.  20.     When  a  vacancy  occurs  in  the  office  of  judge  of  any 
court  of  record,  it  shall  be  filled  by  appointment  of  the  governor,  and  the 
person  appointed  shall  hold  the  office  until  a  successor  is  elected  and 
qualified.    When  elected,  such  successor  shall  hold  the  office  the  residue 
of  the  unexpired  term. 

The  appointee  under  this  provision  holds  only  until  the  election  of  a  successor. — People 
v.  Lord,  9  /  227  ;  Lawrence  v.  Hanley,  84  /  405  ;  People  v.  Burch,  84  /  408  ;  Adsit  v.  Sec'y 
of  State,  84  /  420  ;  People  v.  Palmer,  91  /  283.  __  ___ 

(46)  SEC.  21.    The  legislature  may  provide  by  law  for  the  election  of 
one  or  more  persons  in  each  organized  county  who  may  be  vested  with 
judicial  powers  not  exceeding  those  of  a  judge  of  the  circuit  court  at 
chambers. 

CIRCUIT  COURT  COMMISSIONER :  The  circuit  court  commissioner  is  a  subordinate 
and  assistant  to  the  circuit  court  rather  than  an  independent  judicial  officer. — Burger's 
Case,  39  /  203.  As  to  requirement  that  he  be  an  attorney  at  law,  see  People  v.  May,  3  / 
609.  See  Hunt  v.  Wayne  Judges,  142  / 117.  For  statutory  provisions  as  to  this  officer, 
see  section  421. 


ARTICLE  VIII. 

LOCAL   GOVERNMENT. 

COUNTIES. 

(47)  SEC.  3.     There  shall  be  elected  biennially    in    each    organized 
county  a  sheriff,  a  county  clerk,  a  county  treasurer,  a  register  of  deeds 
and  a  prosecuting  attorney,  whose  duties  and  powers  shall  be  prescribed 
by  law.     The  board  of  supervisors  in  any  county  may  unite  the  offices 
of  county  clerk  and  register  of  deeds  in  one  office  or  separate  the  same 
at  pleasure. 

The    prosecuting   attorney    must   be    an   attorney    at    law. — People   v.    May,    3  /  598  ;    Att'y 
General  v.  Abbott,  121/541. 

(48)  SEC.  4.     The  sheriff,  county  clerk,  county  treasurer,  judge  of 
probate  and  register  of  deeds  shall  hold  their  offices  at  the  county  seat. 

(49)  SEC.  5.     The  sheriff  shall  hold  no  other  office,  and  shall  be  in- 
capable of  holding  the  office  of  sheriff  longer  than  four  in  any  period 
of  six  years.    He  may  be  required  by  law  to  renew  his  security  from  time 
to  time,  and,  in  default  of  giving  such  security,  his  office  shall  be  deemed 
vacant.    The  county  shall  never  be  responsible  for  his  acts. 

Lamoreaux   v.   Att'y   General,  89  / 146. 

(50)  SEC.  6.     The  legislature  shall  by  general  law  provide  for  the 
appointment  of  a  board  of  jury  commissioners  in  each  county ;  but  such 
law  shall  not  become  operative  in  any  county  until  a  majority  of  the 
electors  of  the  county  voting  thereon  shall  so  decide. 

(51)  SEC.  7.     A  board  of  supervisors,  consisting  of  one  from  each 
organized  township,  shall  be  established  in  each  county,  with  such  powers 
as  shall  be  prescribed  by  law.     Cities  shall  have  such  representation  in 
the  boards  of  supervisors  of  the  counties  in  which  they  are  situated  as 
may  be  provided  by  law. 


16  STATE    OP   MICHIGAN. 


(52)  SEC.  9.     The  boards  of  supervisors  shall  have  exclusive  power 
to  fix  the  salaries  and  compensation  of  all  county  officials  not  otherwise 
provided  for  by  law.     The  boards  of  supervisors,  or  in  counties  having 
county  auditors,  such  auditors,  shall  adjust  all  claims  against  their  re- 
spective counties;    appeals  may  be  taken   from  such  decisions   of  the 
boards  of  supervisors  or  auditors  to  the  circuit  court  in  such  manner  as 
shall  be  prescribed  by  law. 

TOWNSHIPS. 

(53)  SEC.  18.     There  shall  be  elected  annually  on  the  first  Monday 
of  April  in  each  organized  township  one  supervisor,  one  township  clerk, 
one  commissioner  of  highways,  one  town-ship  treasurer,  not  to  exceed 
four  constables  and  one  overseer  of  highways  for  each  highway  district, 
whose  powers  and  duties  shall  be  prescribed  by  law. 

The  office  of  school   Inspector  was  eliminated  by  this  section. 

For   election    of   overseers    of   highways,    see    section    316. 

ORGANIZED  TOWNSHIPS :  Townships,  in  which  electors  can  lawfully  vote  and  whose 
supervisors  conjointly  may  exercise  the  legislative  and  administrative  powers  of  the  cor- 
porations, are  necessary  subdivisions  of  the  county.  A  county  cannot  be  organized  without 
the  existence  of  townships,  and  there  must  be  more  than  one  township.— People  v.  May- 
nard,  15  /  463.  A  new  township,  organized  without  special  conditions,  becomes  a  "town- 
ship" within  the  meaning  of  the  constitution  and  laws,  clothed  with  the  same  rights 
and  powers  and  subject  to  the  same  duties  as  belong  to  new  townships  generally.  It 
becomes  severed  from  the  school  district  organization  in  which  it  was  formerly  embraced. 
— People  v.  Ryan,  19  /  203.  There  is  nothing  to  indicate  that  it  was  intended  to  embrace 
organized  and  incorporated  cities  and  villages  within  the  term  "organized  townshlps."- 
White  v.  Supervisors,  105/612. 

FLECTIONS :  The  townships  in  which  elections  are  held  must  be  organized  town- 
ships.— People  v.  Maynard,  15  /  463. 

TOWNSHIP  OFFICI^RS'  FUNCTIONS :  The  functions  of  township  officers,  who  are 
continued  by  constitutional  enactment,  are  as  clearly  within  the  contemplation  and  pro- 
tection of  the  constitution  as  are  the  officers  themselves,  and  the  legislature  has  no  more 
power  to  deprive  those  officers  of  their  authority  and  confer  that  authority  upon  officers 
not  of  local  selection,  than  It  has  to  abolish  the  offices. — Davies  v.  Supervisors,  89  /  295. 

SUPERVISORS :  These  officers,  who  may  constitute  a  county  board,  are  necessary  to 
the  organization  of  a  county. — People  y.  Maynard,  15  /  463.  The  effect  of  this  section, 
construed  with  sec.  7  of  art.  viii,  is  to  limit  the  power  of  the  legislature  to  give  organized 
townships  more  than  one  representative  on  the  board  of  supervisoi-s,  and  imnoses  the  duty 
to  give  ciries  some  representation  therein. — Att'y  Gen.  v.  Preston,  56  /  177.  For  the  distinc- 
tion between  a  supervisor  and  an  ex  officio  member  of  the  board  of  supervisors,  see  the 
case  last  cited,  and  Holden  v.  Supervisors,  77  /  202. 

HIGHWAY  OFFICERS :  Highway  commissioners  are  constitutional  officers. — Burnham 
v.  Township,  46  /  555.  The  powers  of  highway  commissioners  and  overseers  are  subject 
to  legislative  modification,  but  no  legislation  can  abolish  the  offices  or  take  away  all  their 
functions.  The  highways  in  each  district  must,  to  some  extent  at  least,  be  subject  to  an 
overseer  elected  by  the  people. — Hubbard  v.  Twp.  Board,  25  /  153. 

CONSTABLES :  No  municipal  corporation  ever  existed  here  or  in  England  without 
constables  or  officers  answering  to  constables.  They  are  here  and  always  have  been  the 
local  peace  officers  of  their  vicinage,  the  ministerial  officers  of  justices  of  the  peace  and 
the  bailiffs  of  courts  of  record  of  criminal  jurisdiction  in  the  county. — Allor  v.  Wayne 
Auditors,  43  /  76,  102. 

CITIES   AND   VILLAGES. 

(54)  SEC.  20.    The  legislature  shall  provide  by  a  general  law  for  the 
incorporation  of  cities,  and  by  a  general  law  for  the  incorporation  of 
villages;  such  general  laws  shall  limit  their  rate  of  taxation  for  muni- 
cipal purposes,  and  restrict  their  powers  of  borrowing  money  and  con- 
tracting debts. 

(55)  SEC.  21.    Under  such  general  laws,  the  electors  of  each  city  and 
village  shall  have  power  and  authority  to  frame,  adopt  and  amend  its 
charter,  and,  through  its  regularly  constituted  authority,  to  pass  all  laws 
and  ordinances  relating  to  its  municipal  concerns,  subject  to  the  consti- 
tution and  general  laws  of  this  state. 

(56)  SEC.  25.    No  city  or  village  shall  have  power  to  abridge  the  right 


LAWS    RELATING    TO    ELECTIONS.  17 

of  elective  franchise,  to  loan  its  credit,  nor  to  assess,  levy  or  collect  any 
tax  or  assessment  for  other  than  a  public  purpose.  Nor  shall  any  city 
or  village  acquire  any  public  utility  or  grant  any  public  utility  fran- 
chise which  is  not  subject  to  revocation  at  the  will  of  the  city  or  village, 
unless  such  proposition  shall  have  first  received  the  affirmative  vote  of 
three-fifths  of  the  electors  of  such  city  or  village  voting  thereon  at  a 
regular  or  special  municipal  election ;  and  upon  such  proposition  .women 
taxpayers  having  the  qualifications  of  male  electors  shall  be  entitled  to 
vote. 

GENERAL   PROVISIONS. 

(57)  SEC.  26.  The  legislature  may  by  general  law  provide  for  the 
laying  out,  construction,  improvement  and  maintenance  of  highways, 
bridges  and  culverts  by  counties,  districts  and  townships;  and  may 
authorize  counties  or  districts  to  take  charge  and  control  of  any  high- 
ways within  their  limits  for  such  purposes.  The  legislature  may  also  by 
general  law  prescribe  the  powers  and  duties  of  boards  of  supervisors  in 
relation  to  highways,  bridges  and  culverts;  may  provide  for  county  and 
district  road  commissioners  to  be  appointed  or  elected,  with  such  powers 
and  duties  as  may  be  prescribed  by  law;  and  may  change  and  abolish 
the  powers  and  duties  of  township  commissioners  and  overseers  of  high- 
ways. The  legislature  may  provide  by  law  for  submitting  the  question  of 
adopting  a  county  or  district  road  system  to  the  electors  of  the  counties 
or  proposed  districts,  and  such  road  system  shall  not  go  into  operation 
in  any  county  or  district  until  approved  by  a  majority  of  the  electors 
thereof  voting  on  such  question.  The  tax  raised  for  road  purposes  shall 
not  exceed  in  any  one  year  three  dollars  upon  each  one  thousand  dollars 
of  assessed  valuation  for  the  preceding  year. 


AKTICLE  IX. 
IMPEACHMENTS   AND    REMOVALS    FROM    OFFICE. 

(58)  SECTION  1.     The  house  of  representatives  shall  have  the  sole 
power  of  impeaching  civil  officers  for  corrupt  conduct  in  office,  or  for 
crimes  or  misdemeanors;  but  a  majority  of  the  members  elected  shall 
be  necessary  to  direct  an  impeachment. 

(59)  SEC.  3.    Every  impeachment  shall  be  tried  by  the  senate.    When 
the  governor  or  lieutenant  governor  is  tried,  the  chief  justice  of  the 
supreme  court  shall  preside.     When  an  impeachment  is  directed,  the 
senate  shall  take  an  oath  or  affirmation  truly  and  impartially  to  try  and 
determine  the  same  according  to  the  evidence.     No  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of   the   members   elected. 
Judgment  in  case  of  impeachment  shall  not  extend  further  than  removal 
from  office,  but  the  person  convicted  shall  be  liable  to  punishment  ac- 
cording to  law. 

(60)  SEC.  4.    No  judicial  officer  shall  exercise  his  office  after  an  im- 
peachment is  directed  until  he  is  acquitted. 

(61)  SEC.  5.    The  governor  may  make  a  provisional  appointment  to 
3 


18  STATE    OF    MICHIGAN. 


fill  a  vacancy  occasioned  by  the  suspension  of  an  officer,  until  he  shall  be 
acquitted  or  until  after  the  election  and  qualification  of  a  successor. 

(62)  SEC.  6.    For   reasonable   cause,   which   shall   not   be  sufficient 
ground  for  impeachment,  the  governor  shall  remove  any  judge  on  a  con- 
current resolution  of  two-thirds  of  the  members  elected  to  each  house  of 
the  legislature;  and  the  cause  for  which  such  removal  is  required  shall 
be  stated  at  length  in  such  resolution. 

(63)  SEC.  7.    The  governor  shall  have  power  and  it  shall  be  his  duty, 
except  at  such  time  as  the  legislature  may  be  in  session,  to  examine  into 
the  condition  and  administration  of    any    public    office  and  the  acts  of 
anjr  public  officer,  elective  or  appointive;  to  remove  from  office  for  gross 
neglect  of  duty  or  for  corrupt  conduct  in  office,  or  any  other  misfeasance 
or  malfeasance  therein,  any  elective   or   appointive  state  officer,  except 
legislative  or  judicial,  and  report  the  causes  of  such  removal  to  the  legis- 
lature at  its  next  session. 

(64)  SEC.  8.     Any  officer  elected  by  a  county,  city,  village,  township 
or  school  district  may  be  removed  from  office  in  such  manner  and  for 
such  cause  as  ishall  be  prescribed  by  law. 


ARTICLE  X. 
FINANCE  AND   TAXATION. 

(65)  SEC.  19.  No  collector,  holder  or  disburser  of  public  moneys  shall 
have  a  seat  in  the  legislature,  nor  be  eligible  to  any  office  of  trust  or 
profit  under  this  state,  until  he  shall  have  accounted  for  and  paid  over, 
as  provided  by  law,  all  sums  for  which  he  may  be  liable. 


ARTICLE  XL 
EDUCATION. 

(66)  SEC.  2.  A  superintendent  of  public  instruction  shall  be  elected 
at  the  regular  election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  nine,  and  every  (second  year  thereafter.  He  shall  hold  office  for 
a  period  of  two  years  from  the  first  day  of  July  following  his  election 
and  until  his  successor  is  elected  and  qualified.  He  shall  have  general 
supervision  of  public  instruction  in  the  state.  He  shall  be  a  member  and 
secretary  of  the  state  board  of  education.  He  shall  be  ex-oificio  a  mem- 
ber of  all  other  boards  having  control  of  public  instruction  in  any  state 
institution,  with  the  right  to  speak  but  not  to  vote.  His  duties  and 
compensation  shall  be  prescribed  by  law. 

Election   of   superintendent   of  public   instruction,    see   section   467.      His   salary   was   fixed 
at  $4,000. 

'(67)  SEC.  3.  There  shall  be  a  board  of  regents  of  the  university,  con- 
sisting of  eight  members,  who  shall  hold  the  office  for  eight  years.  There 
shall  be  elected  at  each  regular  biennial  spring  election  two  members  of 


LAWS    RELATING    TO    ELECTIONS.  19 

such  board.    When  a  vacancy  shall  occur  in  the  office  of  regent  it  shall 
be  filled  by  appointment  of  the  governor. 

Election    of    regents,    see    sections    462-465. 

• 

(68)  SEC.  5.    The  regents  of  the  university  shall,  as  often  as  neces- 
sary, elect  a  president  of  the  university.    The  president  of  the  university 
and  the  superintendent  of  public  instruction  shall  be  ex-officio-members 
of  the  board  of  regents,  with  the  privilege  of  speaking-  but  not  of  voting. 
The  president  shall  preside  at  the  meetings  of  the  board  and  be  the  prin- 
cipal executive  officer  of  the  university.    The  board  of  regents  shall  have 
the  general  supervision  of  the  university  and  the  direction  and  control 
of  all  expenditures  from  the  university  funds. 

(69)  SEC.  6.    The  state  board  of  education  shall  consist  of  four  mem- 
bers.   On  the  first  Monday  in  April,  nineteen  hundred  nine,  and  at  each 
succeeding  biennial  spring  election,  there  shall  be  elected  one  member  of 
such  board  who  shall  hold  his  office  for  six  years  from  the  first  day  of 
July  following  his  election.     The  state  board  of  education  shall  have 
general  supervision  of   the   state  normal  college  and    the  state  normal 
schools,  and  the  duties  of  said  board  shall  be  prescribed  by  law. 

Election  of  members  state  board  of  education,  see  section  466. 

(70)  SEC.  7.     There  shall  be  elected  on  the  first  Monday  in  April, 
nineteen  hundred  nine,  a  state  board  of  agriculture  to  consist  of  six  mem- 
bers, two  of  whom  shall  hold  the  office  for  two  years,  two  for  four  years 
and  two  for  six  years.    At  every  regular  biennial  spring  election  there- 
after, there  shall  be  elected  two  members  whose  term  of  office  shall  be 
six  years.    The  members  thus  elected  and  their  successors  in  office  shall 
be  a  body  corporate  to  be  known  as  "The  State  Board  of  Agriculture." 

(71)  SEC.  8.    The  state  board  of  agriculture  shall,  as  often  as  neces- 
sary, elect  a  president  of  the  agricultural  college,  who  shall  be  ex-officio 
a  member  of  the  board  with  the  privilege  of  speaking  but  not  of  voting. 
He  shall  preside  at  the  meetings  of  the  board  and  be  the  principal  execu 
tive  officer  of  the  college.    The  board  shall  have  the  general  supervision 
of  the  college,  and  tUe  direction  and  control  of  all  agricultural  college 
funds;  and  shall  perform  such  other  duties  as  may  be  prescribed  by  law. 


ARTICLE  XVI. 
MISCELLANEOUS   PROVISIONS. 

(72)  SECTION  1.    The  terms  of  office  of  all  elective  state  officers  and 
of  all  judges  of  courts  of  record  shall  begin  on  the  first  day  of  January 
next  succeeding  their  election,  except  as  otherwise  prescribed  in  this  con- 
stitution.    The  terms  of  office  of  all  county  officers  shall  begin  on  the 
first  day  of  January  next  succeeding  their  election,  except  as  otherwise 
prescribed  by  law. 

(73)  SEC.  2.    Members  of  the  legislature  and  all  officers,  executive  and 
judicial,  except  such  officers  as  may  by  law  be  exempted,  shall,  before 
they  enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation:     "I  do  solemnly  swear  (or  affirm)  that  I 


20  STATE    OF    MICHIGAN. 


support  the  constitution  of  the  United  States  and  the  constitution 
of  this  state,  and  that  I  will  faithfully  discharge  the  duties  of  the  office 

of according  to  the  best  of  my  ability."    No  other  oath,  declaration 

or.  test  shall  be  required  as  a  qualification  for  any  office  or  public  trust. 

(74)  SEC.  3.     Neither  the  legislature  nor    any  municipal  authority 
shall  grant  or  authorize  extra  compensation  to  any  public  officer,  agent, 
employe  or  contractor  after  the  service  has  been  rendered  or  the  contract 
entered  into.    Salaries  of  public  officers,  except  circuit  judges,  shall  not 
be  increased,  nor  shall  the  salary  of  any  public  officer  be  decreased,  after 
election  or  appointment. 

(75)  SEC.  4.     Tn  case  two  or  more  persons  have  an  equal  and  the 
highest  number  of  votes  for  any  office,  as  canvassed  by  the  board  of  state 
canvassers,  the  legislature  in  joint  convention  shall  choose  one  of  said 
persons  to  fill  such  office.    When  the  determination  of  the  board  of  state 
canvassers  is  contested,,  the  legislature  in  joint  convention  shall  decide 
which  person  is  elected. 

(76)  SEC.  5.    The  legislature  may  provide  by  law  the  cases  in  which 
any  office  shall  be  deemed  vacant  and  the  manner  of  filling  vacancies, 
where  no  provision  is  made  in  this  constitution. 


ARTICLE  XVII. 
AMENDMENT   AND    REVISION.^ 

(77)  SECTION  1.    Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  the  senate  or  house  of  representatives.    If  the  same 
shall  be  agreed  to  by  two-thirds  of  the  members  elected  to  each  house, 
such  amendment  or  amendments  shall  be  entered  on  the  journals,  respec- 
tively, with  the  yeas  and  nays  taken  thereon ;  and  the  same  shall  be  sub- 
mitted to  the  electors  at  the  next  spring  or  autumn  election  thereafter, 
as  the  legislature  shall  direct;  and,  if  a  majority  of  electors  qualified  to 
vote  for  members  of  the  legislature  voting  thereon  shall  ratify  and  ap- 
prove such  amendment  or  amendments,  the  same  shall  become  part  of 
the  constitution. 

See   Westinghausen   v.    People,   44  /  265 ;    Murphy   Chair   Co.    v.    Att'y   General,    148  /  563 ; 
Carton   v.    Sec'y   of   State,   151/337. 

(78)  SEC.  2.    Amendments  may  also  be  proposed  to  this  constitution 
by  petition  of  the  qualified  electors  of  this  state  but  no  proposed  amend- 
ment shall  be  submitted  to  the  electors  unless  the  number  of  petitioners 
therefor  shall  exceed  twenty  per  cent  of  the  total  number  of  electors  vot- 
ing   for    secretary    of    state    at  the  preceding  election  of  such  officer. 
All  petitions  shall  contain  the  full  text  of  any  proposed  amendment,  to- 
gether with  any  existing  provisions  of  the  constitution  which  would  be 
altered  or  abrogated  thereby.    Such  petitions  shall  be  signed  at  the  regu- 
lar registration  or  election  places  at  a  regular  registration  or  election 
under  the  supervision  of  the  officials  thereof,  who  shall  verify  the  genuine- 
ness of  the  signatures  and  certify  the  fact  that  the  signers  are  registered 
electors  of  .the  respective  townships  and   cities  in   which  they  reside, 
and  shall  forthwith  forward  the  petitions  to  the  secretary  of  state.    All 


LAWS    RELATING    TO    ELECTIONS.  21 

petitions  for  amendments  filed  with  the  secretary  of  state  shall  be  certified 
by  that  officer  to  the  legislature  at  the  opening  of  its  next  regular  session  ; 
and,  when  such  petitions  for  any  one  proposed  amendment  shall  be  signed 
by  not  less  than  the  required  number  of  petitioners,  he  shall  also  submit 
the  proposed  amendment  to  the  electors  at  the  first  regular  election  there- 
after, unless  the  legislature  in  joint  convention  shall  disapprove  of  the 
proposed  amendment  by  a  majority  vote  of  the  members  elected;-  The 
legislature  may,  by  a  like  vote,  submit  an  alternative  or  a  substitute 
proposal  on  the  same  subject.  The  action  of  the  legislature  shall  be 
entered  on  the  journal  of  each  house,  with  the  yeas  and  nays  taken 
thereon.  But  no  amendment  to  this  section  may  be  proposed  in  the  man- 
ner herein  prescribed. 

If  a  majority  of  the  electors  qualified  to  vote  for  members  of  the  legis- 
lature voting  thereon  shall  ratify  and  approve  any  such  amendment  or 
amendments,  the  same  shall  become  a  part  of  the  constitution:  Pro- 
vided, That  for  any  amendment  proposed  under  this  section,  the  affirma- 
tive vote  shall  be  not  less  than  one-third  of  the  highest  number  of  votes 
cast  at  the  said  election  for  any  office.  In  case  alternative  proposed 
amendments  on  the  same  subject  are  submitted  at  the  same  election,  the 
vote  shall  be  for  one  of  such  alternatives  or  against  such  proposed  amend- 
ments as  a  whole.  If  the  affirmative  vote  for  one  proposed  amendment 
is  the  required  majority  of  all  the  votes  cast  for  and  against  such  pro- 
posed amendments,  it  shall  become  a  part  of  the  constitution.  If  the 
total  affirmative  vote  for  such  alternative  proposed  amendments  is  the 
required  majority  of  all  the  votes  for  and  against  them,  but  no  one 
proposed  amendment  receives  such  majority,  then  the  proposed  amend- 
ment which  receives  the  largest  number  of  affirmative  votes  shall  be 
submitted  at  the  next  regular  election,  and  if  it  then  receives  the  re- 
quired majority  of  all  the  votes  cast  thereon  it  shall  become  a  part  of  the 
constitution.  The  legislature  shall  enact  appropriate  laws  to  carry  out 
the  provisions  of  this  section. 

(79)  SEC.  3.    All  proposed  amendments  to  the  constitution  submitted 
to  the  electors  shall  be  published  in  full,  with  any  existing  provisions  of 
the  constitution  which  would  be  altered  or  abrogated  thereby,  and  a  copy 
thereof  shall  be  posted  at  each  registration  and  election  place.    Proposed 
amendments  shall  also  be  printed  in  full  on  a  ballot  or  ballots  separate 
from  the  ballot  containing  the  names  of  nominees  for  public  office. 

Publicity  of  constitutional  amendments,  see  section  583. 

(80)  SEC.  4.    At  the  general  election  to  be  held  in  the  year  nineteen 
hundred  twenty-six,  in  each  sixteenth  year  thereafter  and  at  such  other 
times  as  may  be  provided  by  law,  the  question  of  a  general  revision  of 
the  constitution  shall  be  submitted  to  the  electors  qualified  to  vote  for 
members  of  the  legislature.     In  case  a  majority  of  such  electors  voting 
at  such  election  shall  decide  in  favor  of  a  convention  for  such  purpose, 
at  the  next  biennial  spring  election  the  electors  of  each  senatorial  dis- 
trict of  the  state  as  then  organized  shall   elect    three    delegates.     The 
delegates  so  elected  shall  convene  at  the  state  capitol  on  the  first  Tues- 
day in  September  next  succeeding  such  election,  and  shall  continue  their 
sessions  until  the  business    of    the    convention  shall  be  completed.     A 
majority  of  the  delegates  elected  shall  constitute  a  quorum  for  the  trans- 
action of  business.    The  convention  shall  choose  its  own  officers,  deter- 


22  STATE    OF    MICHIGAN. 


mine  the  rules  of  its  proceedings  and  judge  of  the  qualifications,  elections 
and  returns  of  its  members.  In  case  of  a  vacancy  by  death,  resignation 
or  otherwise,  of  any  delegate,  such  vacancy  shall  be  filled  by  appointment 
by  the  governor  of  a  qualified  resident  of  the  same  district.  The  con- 
vention shall  have  power  to  appoint  such  officers,  employes  and  assist- 
ants as  it  may  deem  necessary  and  to  fix  their  compensation,  and  to 
provide  for  the  printing  and  distribution  of  its  documents,  journals  and 
proceedings.  Each  delegate  shall  receive  for  his  services  the  sum  of  one 
thousand  dollars  and  the  same  mileage  as  shall  then  be  payable  to  mem- 
bers of  the  legislature,  but  such  compensation  may  be  increased  by  law. 
No  proposed  constitution  or  amendment  adopted  by  such  conven- 
tion shall  be  submitted  to  the  electors  for  approval  as  hereinafter  pro- 
vided unless  by  the  assent  of  a  majority  of  all  the  delegates  elected 
to  the  convention,  the  yeas  and  nays  being  entered  on  the  journal.  Any 
proposed  constitution  or  amendments  adopted  by  such  convention  shall 
be  submitted  to  the  qualified  electors  in  the  manner  provided  by  such 
convention  on  the  first  Monday  in  April  following  the  final  adjourn- 
ment of  the  convention;  but,  in  case  an  interval  of  at  least  ninety  days 
shall  not  intervene  between  such  final  adjournment  and  the  date  of 
such  election,  then  it  shall  be  submitted  at  the  next  general  election. 
Upon  the  approval  of  such  constitution  or  amendments  by  a  majority  of 
the  qualified  electors  voting  thereon  such  constitution  or  amendments 
shall  take  effect  on  the  first  day  of  January  following  the  approval 
thereof. 

SCHEDULE.1 

(81)  SEC.  6.    All  officers  elected  under  the  existing  constitution  and 
laws  on  the  Tuesday  after  the  first  Monday  of  November,  nineteen  hun- 
dred eight,  shall  take  office  on  and  after  the  first  day  of  January,  nineteen 
hundred  nine,  under  this  constitution. 

(82)  SEC.  7.    Until  otherwise  provided,  the  salaries  or  compensation 
of  all  public  officers  shall  continue  as  provided  under  the  existing  con- 
stitution and  laws. 

ELECTIONS    DEFINED. 

[Extract  from  Ch.   1,   R.   S.   1846.] 

^^  §  5®-  SEC.  3.  Sub.  Div.  4.  The  words^annual  meet- 
ing," when  applied  to  townships,  shall  be  construed  to  mean 
the  annual  meeting  required  by  law  to  be  held  in  the  month 
of  April. 

General  Sub.  Div.  19.     The  words  "general  election,"  shall  be  con- 

strued to  mean  the  election  required  by  law  to  be  held  in  the 
month  of  November. 

GENERAL  ELECTION :  The  general  election  is  not  a  township  meeting 
in  any  legal  sense. — People  v.  Knight,  13  /  426.  Under  the  constitution  there 
was  only  one  election  which  was  ever  referred  to  as  a  general  election,  and 
that  the  term  was  used  as  identical  with  the  November  election,  which  was 
previously  annual,  and  thereby  made  biennial.  That  was  the  only  election 
held  simultaneously  throughout  all  the  state  for  officers  to  represent  the 
whole  state. — Westinghausen  v.  People,  44  /  269.  And  it  is  hardly  necessary 
to  say  that  subsequent  legislation  could  not  change  the  meaning  or  effect 
of  any  part  of  the  constitution. — Id.  270.  The  only  foundation  for  any 
notion  that  the  spring  elections  can  serve  the  purpose  of  the  general  elec- 
tion mentioned  In  the  constitution  is  that  in  organizing  the  present  supreme 


LAWS    RELATING    TO    ELECTIONS.  23 


court  in  1857,  the  statute  declared  that  a  "general  election"  should*  be  held 
on  the  first  Monday  in  April  every  second  year  for  the  election  of  judges. 
Of  course,  the  legislature  can  make  their  own  definitions  for  statutory  pur- 
poses, but  this  would  not  change  the  constitutional  definition  or  make  it 
apply  to  any  election  not  within  the  constitutional  contemplation. — Id.  271. 
The  language  of  Art.  20,  Const,  of  1850,  taken  with  all  the  various  other 
provisions  which  refer  to  general  elections,  very  plainly  refers  to  the  fall 
election,  and  that  the  practical  construction  put  upon  it  is  correct  and 
binding. — Id.  272.  The  words  "general  election"  used  in  the  constitution 
and  statute,  as  applied  to  the  ofllce  of  judge  of  probate,  can  have  no  other 
meaning  than  the  biennial  election  held  in  November,  and  an  election  at 
any  other  time  to  that  office  must  be  regarded  as  a  special  election. — 
People  v.  Palmer,  91  /  283.  The  term  "general  election"  must  be  held  to 
mean  the  November,  and  not  the  April  election,  unless  inconsistent  with  the 
manifest  intent  of  the  legislature. — Edgar  v.  Election  Commissioners,  118  / 
418. 

See    Carton    v.    Sec'y    of    State,    151  /  357 ;    Chase    v.    Election    Com'rs    of 
Wayne  Co.,  151  /  407. 


CHAPTER  II.— REGISTRATION  OF  ELECTORS. 

An  Act  further  to  preserve  the  purity  of  elections,  and  guard  against 
the  abuse  of  the  elective  franchise,  by  a  registration  of  electors. 

[Act   177,   S.   L.    1859.] 

The  People  of  the  State  of  Michigan  enact: 

(84)  §  3536.    SECTION  1.    That  there  shall  be,  in  the  year 
one  thousand  eight  hundred  and  fifty-nine,  a  registration  of 

the  qualified  electors  of  the  state.    The  aldermen  of  every  in-  Board  of 
corporated  city,  and  the  supervisor,  treasurer,  and  clerk  of  r€ 
every  township,  shall  constitute  a  board  of  registration  for 
such  city  or  township,  and  their  duties  shall  be  as  follows: 
They  shall  respectively  provide  suitable  bound  books  or  reg-  Board  to  pro- 
isters,  one  for  each  township  and  one  for  each  ward,  so  niade  renters!*8  c 
and  arranged  as  to  contain  an  alphabetical  list  of  the  re- 
spective names,  Christian  or  baptismal,  and  surnames,  in  full, 
of  all  persons  declared  by  the  constitution  of  the  state  to  be 
electors  and  entitled  to  vote,  residing  in  their  townships  or 
wards,  and  the  date  of  the  registration ;  and,  if  the  elector  re- 
sides in  a  city  or  incorporated  village,  also  his  residence  by 
the  number  of  the  dwelling  and  the  name  of  the  street,  if  any, 
and  if  none,  a  description  of  the  locality  of  the  same. 

REGISTRATION  NECESSARY:  This  act  is  grounded  upon  the  same 
article  of  the  constitution  which  gives  the  right  to  vote  and  is  imperative: 
t  must  be  complied  with  before  the  elector  can  vote,  and  the  omission  of 
the  board  of  registration  to  meet  is  of  no  avail  to  the  elector  as  an  excuse 
for  not  registering. — People  v.  Kopplekom,  16/342.  See  Common  Council 
v.  Rush,  82/537;  Att'y  Gen.  v.  McQuade,  94/441. 

JURITY  OF  ELECTIONS:  The  laws  to  regulate  elections  and  to  preserve 
their  purity,  and  to  guard  against  abuses  of  the  elective  franchise,  must  be 
reasonable,  uniform  and  impartial,  and  must  be  calculated  to  facilitate  and 
secure,  rather  than  to  subvert  and  impede,  the  exercise  of  the  right  to 
vote.— Att'y  Gen.  v.  Detroit,  78/553. 

REGISTRATION   IN  CITIES. 

(85)  §  3537.     SEC.  2.    Each  city  board  shall,  at  least  two  Notice  of 
weeks  previous  to  the  time  of  their  meeting  in  each  ward,  £SSn& 
cause  to  be  published  in  one  or  more  newspapers  printed  and  re^stration- 


24 


STATE    OF    MICHIGAN. 


published  in  such  city,  a  notice  that  the  board  of  registration 
Time  and  will  meet  on  the  first  Monday  of  October,  in  the  year  one 
meeting,  thousand  eight  hundred  and  fifty-nine,  at  nine  o'clock  in  the 
forenoon,  to  make  a  perfect  list,  as  near  as  may  be,  of  all  per- 
sons residing  in  such  ward,  qualified  as  electors  under  the 
constitution;  and  designating  the  place  in  each  ward  where 
said  board  will  meet  for  that  purpose.  And  they  shall  also 
cause  handbills  to  be  posted  in  at  least  twenty  conspicuous 
places  in  each  ward,  containing  a  similar  notice  of  the  time 
and  place  of  such  meeting  of  the  board  for  that  ward ;  which 
notice  shall  also  contain  a  true  copy  of  section  one  of  article 
seven  of  the  constitution,  relative  to  the  qualifications  of 
electors.  And  the  board  may  so  divide  and  classify  them- 
selves that  two  or  more  of  them  may  be  assigned  to  different 
wards,  the  more  speedily  to  complete  the  registration;  and  in 
case  of  the  sickness  or  absence  of  any  alderman,  or  his  in- 
ability or  refusal  to  serve  at  the  session  in  any  ward,  the 
board  shall,  in  writing,  under  the  hand  of  their  chairman, 
immediately  appoint  the  assessor  of  the  ward,  or  any  justice 
of  the  peace,  to  act  in  his  stead,  who  shall  be,  for  the  pur- 
pose of  registration  in  that  ward,  deemed  a  member  of  the 
board  of  registration.  They  shall  continue  in  session  not  less 
than  three  nor  more  than  five  days  in  each  ward.  All  neces- 
sary blanks  and  instructions  to  aid  the  board  in  the  dis- 
charge of  their  duties,  and  all  other  expenses  in  performing 
the  same,  including  the  employment  of  printers  for  printing 
such  notices,  and  the  registry  lists,  shall  be  provided  by  the 
board  and  be  paid  for  by  the  city. 

(86)  §  3538.  SEC.  3.  At  the  time  and  place  mentioned 
in  such  notice,  the  board,  or  those  members  thereof  so  classi- 
fied and  assigned  for  that  ward,  shall  meet  and  proceed  to 
the  registration  in  such  book,  which  book  shall  be  called  the 
"Register  of  Electors"  for  such  ward,  of  the  names  of  persons 
at  the  time  residing  in  such  ward,  and  so  qualified  as  fol- 
lows, to-wit:  Their  sessions  shall  be  public,  and  during  the 
first  two  days  thereof  they  shall  not  write  in  the  register  the 
name  of  any  person  without  a  request  made  by  him  personally 
and  in  their  presence;  but  shall  allow  him,  if  able  and  willing 
so  to  do,  to  write  his  own  name  therein  in  the  proper  place.  In 
case  of  such  request,  the  name  of  the  elector  shall  be  plainly 
written  by  a  member  of  the  board,  who  shall  also  note  his 
residence  as  required  by  section  one  of  this  act.  After  the 
first  two  days  of  the  session  it  shall  be  the  duty  of  such  board 
to  proceed  to  complete  the  list,  by  writing  in  such  register 
the  names  of  all  the  remaining  residents  of  the  ward,  known 
by  them  to  be  such  and  to  be  qualified  as  aforesaid,  with  the 
proper  descriptions  above  mentioned;  but  they  shall,  during 
their  whole  session,  permit  any  such  qualified  person  resid- 
ing in  the  ward,  whose  name  has  not  already  been  entered 
in  the  register,  to  write  it  there  himself.  Opposite  to  every 
name  on  such  register  shall  be  noted  by  the  board  the  day 
and  year  of  its  entry,  and  during  such  session  and  all  future 


Handbills  to 
be  posted. 

What  notice 
to  contain. 


Board  may 
classify  to 
facilitate 
registration. 

Duty  of 
board  as  to 
vacancies. 


Length  of 
session. 


Expenses, 
how  paid. 


Duty  of 
boards  of 
registration. 


Sessions  to 
be  public. 


Registration, 
how  made. 


LAWS    RELATING    TO    ELECTIONS.  25 

sessions  of  the  board  in  any  city  or  township,  they  may, 
for  their  better  information  in  making  the  registration,  have 
before  them  the  poll  list  of  the  next  preceding  general  elec- 
tion, charter  election,  or  township  meeting,  to  be  returned  to 
the  proper  keeper  at  the  close  of  the  session,  and  all  such  en- 
tries shall  be  made  with  ink.  The  board,  at  every  session, 
shall  have  power,  and  it  shall  be  their  duty,  to  question  every 
person  presenting  himself  for  registration,  touching  his  resi- 
dence and  other  qualifications  as  an  elector  of  the  ward;  and 
it  shall  be  the  duty  of  the  applicant  to  make  truthful  answers 
to  all  such  questions,  and  the  board  may,  for  the  more  per- 
fect examination  of  the  applicant,  swear  and  employ  an  in- 
terpreter, truly  and  impartially  to  interpret  all  such  ques- 
tions and  answers,  and  if  the  applicant  shall,  in  his  answers, 
make  any  material  statement  which  is  false,  he  shall,  upon 
conviction  thereof,  pay  a  fine  of  not  more  than  one  hundred 
nor  less  than  five  dollars,  and  be  imprisoned  in  the  county  statement. 
jail  not  more  than  thirty  nor  less  than  five  days.  ' 

BOARD  OP  REGISTRATION:  Their  duty  as  to  the  mode  of  determin- 
ing the  qualification  of  voters.  When  a  person  applies  to  the  board  of 
registration  for  the  purpose  of  having  his  name  registered  as  a  voter,  and 
offers  to  be  sworn  as  to  his  qualifications,  it  is>  the  duty  of  the  board  to 
examine  such  person  upon  his  oath.  They  have  no  right  to  reject  him  on 
mere  inspection.  Where  the  return  made  by  respondents  denies  that  the 
relator  was  entitled  to  be  registered  as  a  voter,  an  issue  will  be  directed 
to  determine  the  fact. — People  v.  Board  of  Registration  of  Nankin,  15  /  157. 
Where  a  person  appears  before  the  ward  board  of  registration  and  claims 
to  be  registered,  the  board  are  bound  to  examine  him  under  oath  and  hear 
testimony  offered  by  him.  They  have  no  right  to  pass  upon  the  question 
of  his  legal  right  by  mere  personal  inspection. — People  v.  Board  of  Regis- 
tration, 17/427. 

(87)      §  3530.     SEC.  4.     The  name  of  no  person  but  an  what  persons 

.  -,  a    ,1  i       ,    j-i        ,•  /•    n  •   j_      j_»         not  entitled  to 

actual  resident  of  the  ward  at  the  time  of  the  registration,  registration. 
and  entitled,  under  the  constitution,  if  remaining  such  resi- 
dent, to  vote  at  the  then  next  general  or  charter  election, 
shall  be  entered  in  the  register.  Neither  the  board,  nor  any 
member  thereof,  shall  write  or  enter  in  the  register  the  name 
of  any  person,  nor  suffer  him  to  write  or  enter  his  name  there- 
in, whom  they  know,  or  have  good  reason  to  believe,  not  to  be 
such  resident  and  so  qualified;  nor  shall  any  person  knowing 
or  having  good  reason  to  believe  himself  not  to  be  such  resi- 
dent and  so  qualified,  write  his  name  therein,  or  cause  it  to 
be  done;  and  every  person  so  offending  shall,  upon  convic- Penalty  for 
tion,  be  punished  for  each  offense  by  a  fine  of  not  more  than 
five  hundred  nor  less  than  twenty-five  dollars,  and  be  im- 
prisoned in  the  county  jail  not  more  than  ninety  nor  less  than 
ten  days. 

RESIDENCE:  The  general  act  for  the  incorporation  of  cities  of  the 
fourth  class  provides  that  "the  residence  of  any  elector,  not  being  a  house- 
holder, shall  be  deemed  to  be  in  the  ward  or  election  district  in  which  is 
located  his  regular  place  of  lodging."  See  section  484.  Charters  of  other 
cities  generally  contain  special  provisions  of  a  similar  nature.  See  resi- 
dence or  domicile  defined  in  Appeal  of  Rue  High,  2  Doug.  523.  The  inten- 
tion of  the  elector  is  one  of  the  most  important  inquiries  involved  in  the 
question  of  residence.  A  man  may  have  a  residence  in  one  place,  although 
his  family  may  be  living  elsewhere,  if  such  is  his  intention. — Harbaugh  v. 
Cicott,  33  /  252.  See  further,  as  to  intention,  Warren  v.  Registration  Board, 
72  /  402 ;  Beecher  v.  Com.  Council,  114  /  228.  As  to  students,  persons  in 
the  public  service,  sailors  and  inmates  of  asylums,  etc.,  see  section  2.  See, 
as  to  where  the  elector  must  vote,  notes  to  section  1.  As  to  change  of 


26  STATE    OP    MICHIGAN. 


elector's    residence    by    alteration    of    boundaries    of    representative    districts, 
see  notes  to  section   12. 

REGISTRATION  IN  CITIES  AFTER  1859. 

Registration  (88)  §  3540.  SEC.  5.  On  the  second  Saturday  next 
preceding  the  general  election,  and  on  the  seventh  day  (Sun- 
day excepted)  next  preceding  the  day  of  any  regular  charter 
election,  or  any  special  election,  and  on  such  other  days 
prior  to  such  date  as  shall  be  appointed  by  the  common 
council  of  the  city,  not  exceeding  three  days  in  all  previous 
to  any  such  election,  the  boards  of  registration  of  the  city, 
to  be  constituted  as  aforesaid,  shall  be  in  session  at  such 
places  in  the  several  wards  as  they  shall  designate  in  their  no- 
tices, to  be  published  and  posted  up  as  hereinafter  provided, 
from  eight  o'clock  in  the  forenoon  until  eight  o'clock  in  the 
afternoon,  for  the  purpose  of  completing  the  lists  of  the  qual 
ified  voters;  during  which  session  it  shall  be  the  right  of 
each  and  every  person  then  actually  residing  in  the  ward, 
and  who,  at  the  then  next  approaching  election  may  be  a 
qualified  elector,  and  whose  name  is  not  already  registered, 
to  have  his  name  entered  in  the  register,  which  shall  be  done 
in  the  manner  above  described;  and  such  boards,  and  each 
member  thereof,  and  each  applicant  for  registration,  is  here- 
by vested  and  charged  with  the  same  rights,  powers,  duties  and 
penal  liabilities,  touching  the  examination  of  applicants,  as 

5t°Vof°Detroit  nereinDef°re  provided :    Provided,  That  the  provisions  of  this 
'  amendment  shall  not  be  applied  to  electors  in  the  city  of 
Detroit. 

Am.    1901,   Act   32;    1911,   Act   97. 

As  to  Detroit,  see  sections  3573-8,  3580-81,  C.  L.,  1897. 

The  laws  to  regulate  elections,  and  to  preserve  their  purity,  and  to  guard 
against  abuses  of  the  elective  franchise,  must  be  reasonable,  uniform  and 
impartial,  and  must  b~e  calculated  to  facilitate  and  secure,  rather  than  to 
subvert  and  impede,  the  exercise  of  the  right  to  vote. — Attorney  General 
v.  Detroit,  78  /  546.  No  registry  law  is  valid  which  deprives  an  elector  of 
his  constitutional  right  to  vote  by  any  regulation  with  which  it  is  impossible 
for  him  to  comply. — Id.  Requirements  which  compel  a  naturalized  elector 
to  produce  his  certificate,  or  show  by  evidence  other  than  his  own  oath 
that  such  certificate  was  issued,  make  an  unfair  and  unnecessary  distinction 
between  native  born  and  naturalized  electors. — Id. 

QUALIFIED  ELECTORS  :     See  section  1  and  notes  thereto. 

Notice  to  (89)     §  3541.    SEC.  6.    At  least  two  weeks  previous  to  the 

commencement  of  any  such  session,  the  board,  at  the  expense 
of  the  city,  shall  cause  a  notice  thereof  to  be  printed  and 
published  in  one  or  more  newspapers  in  such  city,  designat- 
ing the  place  of  holding  the  same,  and  shall  cause  the  same 
notice  to  be  printed  in  handbill  form,  and  posted  up  in  at 
what  notice     least  ten  conspicuous  places  in  each  ward ;   which  handbill 
shall  contain.    shall  also  contain  a  true  copy  of  the  list  of  names  then  ap- 
Duty  of  pearing  in  the  register  for  the  ward.    And  immediately  after 

SS8B3L  the  close  of  the  polls  of  such  election,  the  clerk  of  the  board 
of  inspectors  of  that  election,  and  before  the  counting  of  the 
votes,  shall,  under  the  direction  and  by  the  assistance  of  the 
inspectors,  insert  and  write  upon  or  attach  to  such  printed 
handbill,  all  the  names  of  electors  appearing  on  the  register 
and  not  on  such  handbill,  so  that  such  handbill  so  corrected 


LAWS    RELATING    TO    ELECTIONS.  27 

shall  be  a  true  copy  of  the  list  then  appearing  in  such  reg- 
ister, and  shall,  with  the  inspectors,  or  a  majority  of  them, 
certify  and  sign  such  copy,  and  file  the  same  in  the  office  of 
the  county  clerk,  who  shall  carefully  keep  and  preserve  the 
same,  and  the  same  shall  be  evidence,  prima  facie,  of  the  or- 
iginal; and  in  case  of  the  loss  or  destruction  of  the  original, 
the  same,  or  a  certified  copy  thereof,  shall  be  used  in  its 
stead. 

The  law  requires  the  registration  and  poll  lists  to  be  preserved  and  filed. 
They  are,  therefore,  public  records  and  admissible  as  evidence  of  the  facts 
therein  stated. — Att'y  Gen.  v.  May,  97  /  574. 

(90)  §  3542.     SEC.  7.     At  the  close  of  their  sessions,  the  List  of 
board,  or  the  members  who  made  the  registration  in  the  par-  [qSbetrmedn 
ticular  ward,  shall  sign  the  list,  adding  the  date  of  their  sig-  Jjjjrkthe  city 
nature,  and  shall  immediately  deposit  the  same  for  safe  keep- 
ing with  the  city  clerk,  who  shall  carefully  preserve  the  same 

in  his  office  until  delivered  as  hereinafter  provided. 

(91)  §  3543.     SEC.  8.     At  any  such  general,  special  or  List  to  be 
charter  election  in  the  city,  and  as  soon,  at  least,  as  the  poll  Sectors 
in  each  ward  is  opened,  the  city  clerk  shall  cause  the  proper  of  election. 
register  to  be  placed  in  the  hands  of  the  inspectors  of  elec- 
tion, to  be  used  by  them  during  the  same,  and  returned  to  the 

city  clerk  immediately  thereafter;  and  they  shall  not  receive 
the  vote  of  any  person  whose  name  is  not  written  therein. 
I>ut  if  any  person  shall  offer  and  claim  to  vote  at  such  elec-  Names  may 
tion,  whose  name  is  not  so  registered,  his  name  may  be  reg-  onth?Sdayed 
istered  by  the  clerk  of  the  election,  under  the  direction  of  the  of  election- 
inspectors,  upon  the  same  terms  and  conditions  hereinafter 
prescribed  for  the  like  cases  arising  at  elections  in  townships, 
substituting  ward  for  township;  and  both  the  applicant  and 
the  qualified  elector  shall  be  subject  to  the  same  penalties 
prescribed  in  cases  so  arising. 

The  object  of  a  registry  law,  or  of  any  law  to  preserve  the  purity  of  the 
ballot  box,  and  to  guard  against  abuses  of  the  elective  franchise,  is  not  to 
prevent  any  qualified  elector  from  voting,  or  unnecessarily  to  hinder  or  im- 
pair his  privilege. — Att'y  Gen.  v.  Detroit,  78/546.  A  registration  law  is 
unreasonable  which  contains  no  provision  by  which  an  elector  who  is  sick 
on  the  days  fixed  for  registration  can  vote  on  election  day. — Id.  No  elector 
can  lose  his  right  to  vote,  the  highest  exercise  of  the  freeman's  will,  except 
by  his  own  fault  or  negligence. — Id.  In  order  to  prevent  fraud  at  the 
ballot  box,  it  is  proper  and  legal  that  all  needful  rules  and  regulations  be 
made  to  that  end ;  but  it  is  not  necessary  that  such  rules  and  regulations 
shall  be  so  unreasonable  and  restrictive  as  to  exclude  a  large  number  of 
legal  voters  from  exercising  their  franchise.  The  power  of  the  legislature 
in  such  cases  is  limited  to  laws,  regulating  the  enjoyment  of  the  right,  by 
facilitating  its  lawful  exercise,  and  by  preventing  its  abuse.  The  right  to 
vote  must  not  be  impaired  by  the  regulation.  It  must  be  regulation,  not 
destruction. — Id. 

REGISTRATION    IN    TOWNSHIPS. 

(92)  §  3544.     SEC.  9.     It  shall  be  the  duty  of  the  board  Registration 
of  registration   in  each   township,   to   wit :     The  supervisor,  whoTo 
treasurer  and  clerk  thereof,  and  in  case  of  the  absence  of  any  boardhe 

of  them,  or  his  inability  to  serve,  the  justice  of  the  peace 
not  holding  the  office  of  supervisor  or  town  clerk,  whose  term 
of  office  will  first  expire,  to  provide,  at  the  expense  of  the 
township,  the  like  book  for  their  township  for  the  purposes  of 


28 


STATE    OF    MICHIGAN. 


Books  of 
registration, 
how 
arranged. 


Proceedings 
at  township 
elections  in 
1859. 


the  like  registration  of  the  qualified  electors  thereof,  to  be  ar- 
ranged in  the  same  manner,  save  that  in  cases  where  the 
elector  does  not  reside  within  the  limits  of  an  incorporated 
village,  a  description  of  his  residence  may  be  omitted;  but 
in  case  he  resides  within  such  limits  and  in  the  township,  a 
description  of  his  residence  by  the  street,  and  the  number  of 
the  dwelling,  or  other  brief  but  intelligible  method;  and  the 
names  of  such  resident  electors  of  the  village,  shall  be  written 
in  said  register  in  a  list  separate  and  distinct  from  those  of 
other  electors  of  the  township,  so  as  to  exhibit  a  correct  reg- 
istration for  the  village;  which  list  shall  be  called  the  village 
election  register. 

QUALIFIED  ELECTORS  :  See  section  1  and  notes  thereto.  When  a  per- 
son is  registered  in  a  ward  or  precinct,  he  is  presumed  to  be  a  legal  voter 
there. — Harbaugh  v.  Cicott,  33/250. 

REGISTRATION  IN  TOWNSHIPS  IN  1859. 

(93)  §  3545.  SEC.  10.  At  the  annual  meeting  of  each 
township,  on  the  first  Monday  of  April,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-nine,  the  township  treasurer 
shall,  at  a  place  as  near  as  practicable  to  that  of  the  meeting, 
and  of  convenient  access  to  the  electors,  have  said  book  or 
register  in  readiness  for  the  entry  of  their  names,  and  each 
qualified  elector  residing  in  the  township  may  then  write  his 
name  at  length  in  the  proper  place  in  said  register,  if  able 
and  willing  to  do  so,  or  the  treasurer  shall,  upon  request 
made  in  his  presence  by  the  elector,  personally,  write  the 
name  of  such  elector  in  its  proper  place.  And  in  all  cases 
under  this  act  the  board,  or  the  members  thereof,  receiving 
or  making  the  entry  of  a  name,  shall  note  or  cause  to  be 
noted  the  day  and  year  thereof.  During  such  township  meet- 
ing, and  during  all  future  sessions  of  the  board,  the  town- 
ship poll  list  of  the  next  preceding  general  election  or  town- 
ship meeting,  shall  be  before  him  or  them  for  their  better  in- 
formation in  making  the  registration,  to  be  returned  to  the 
clerk  at  the  close  of  the  meeting  or  the  session.  The  super- 
visor or  other  person  or  persons  charged  by  law  with  the 
assessment  of  property  in  the  township  for  the  purpose  of 
state  taxation,  shall,  while  making  such  assessment,  and  in 
connection  with  the  performance  of  that  duty,  in  the  year 
one  thousand  eight  hundred  and  fifty-nine,  have  with  him 
the  said  register,  and  shall  allow  each  qualified  elector  residing 
in  the  township  whose  name  has  not  been  entered  therein,  to 
write  the  same,  or  shall  himself,  at  the  like  personal  request 
of  the  elector,  write  the  same  therein  at  the  proper  place,  and 
shall,  after  completing  his  valuation  of  property,  and  on  or 
before  the  first  day  fixed  by  law  for  reviewing  his  assessment, 
deposit  said  register  with  the  township  clerk,  who  shall  care- 
fully keep  and  preserve  the  same  in  his  office. 


Board  to  have 
access  to 
township    poll 
list. 


Supervisors 
to  register 
names  while 
making 


Register  to 
be  deposited 
with  town- 
ship clerk. 


LAWS    RELATING    TO    ELECTIONS.  29 


(94)  §  3546.    SEC.  11.    After  the  year  one  thousand  eight 
hundred   and  fifty-nine,   it  shall  be  the  right  of  any  such  how  made'. 
qualified  elector  residing  in   the  township,  and  entitled  to 

vote  at  the  next  election  therein,  and  whose  name  has  not 

been  registered,  on  any  day  except  Sunday,  the  days  of  the 

session  of  the  board  of  registration,  and  the  days  intervening 

between  them  and  the  next  approaching  election,  to  apply  to 

the  supervisor,  township  treasurer,  or  township  clerk,  in  per- 

son, for  the  registration  of  his  name,  and  if,  upon  such  ex- 

amination, as  is  required  by  the  next  following  section  of  this 

act,  the  supervisor,  treasurer,  or  clerk  shall  be  satisfied  that 

such  applicant  is  a  resident  of  the  township,  and  otherwise 

qualified  and  entitled  to  vote  in  such  township  at  the  next 

election  to  be  held  therein,  the  name  of  such  applicant  shall 

be  written,  either  by  himself  or  by  the  supervisor,  treasurer, 

or  clerk,  upon  a  separate  paper  to  be  kept  by  the  supervisor, 

treasurer,  or  clerk,  his  residence  described,  and  the  date  of 

the  entry  noted,  as  required  in  the  two  last  preceding  sec- 

tions, which  paper  shall  be  laid  before  the  board  of  registra- 

tion of  each  township,  at  its  next  meeting  for  examination 

and  review,  and  the  names  of  such  persons  appearing  there- 

on as  the  board  shall  be  of  opinion  are  qualified  electors  at 

the  then  next  election,  and  entitled  to  vote  thereat,  may,  by 

some  member  of  the  board,  and  under  their  direction,  be  en- 

tered in  a  proper  register,  in  the  manner  above  set  forth,  and 

every   applicant   to   the   supervisor,    treasurer,   or   clerk,   so        traton. 

causing  his  name  to  be  entered  upon  such  separate  paper, 

knowing  or  having  good  reason  to  believe  himself  not  to  be 

such  resident  and  qualified  to  vote  in  such  township  at  the 

then  next  election,  shall,  upon  conviction  thereof,  be  punished 

by  fine  and  imprisonment,  as  provided  in  the  thirteenth  sec- 

tion of  this  act. 

REGISTRATION  IN  TOWNSHIPS  AFTER  1859. 

(95)  §  3547.    SEC.  12.    On  the  second  Saturday  next  pre-  Townships. 
ceding  the  general  election  and  the  annual  township  meet- 

ing, and  preceding  any  special  election,  after  the  year  eighteen 
hundred  fifty-nine,  the  board  of  registration  of  each  township 
shall  be  in  session  at  the  office  of  the  township  clerk,  from 
nine  o'clock  in  the  forenoon  until  five  o'clock  in  the  afternoon, 
for  the  purpose  of  completing  the  list  of  qualified  electors; 
during  which  session  it  shall  be  the  right  of  each  and  every 
person  who,  at  the  next  approaching  election  or  township  meet- 
ing, may  be  a  qualified  elector  and  entitled  to  vote  thereat, 
and  whose  name  is  not  already  registered,  to  have  his  name 
duly  entered  on  such  register,  which  shall  be  done  in  the 
manner  above  set  forth.  The  board  shall  have  the  power,  and  interpreter. 
it  shall  be  its  duty,  and  the  duty  of  the  clerk,  and  of  the 
supervisors  individually  when  acting  under  this  statute,  to 
question  every  person  presenting  himself  for  registration, 
touching  his  residence  and  his  other  qualifications  as  an  elec- 


30 


STATE    OF    MICHIGAN. 


False 
statement. 


tor  of  the  township,  and  it  shall  be  the  duty  of  the  applicant 
to  make  truthful  answers  to  all  such  questions.  The  board, 
supervisor,  clerk  or  treasurer,  as  the  case  may  be,  may  for 
the  more  perfect  examination  of  the  applicant  swear  and 
employ  an  interpreter  truly  and  impartially  to  interpret 
such  questions  and  answers.  If  any  such  applicant  shall  in 
his  answers  make  any  material  statement  which  is  false,  he 
shall  upon  conviction  thereof  pay  a  fine  of  not  more  than 
one  hundred  dollars  nor  less  than  five  dollars,  and  be  impris- 
oned in  the  county  jail  not  more  than  thirty  nor  less  than 
five  days. 

Am.   1911,   Act  97. 

See  People  v.   Bd.  of  Registration.   17  /  428 ;   People  v.  Bd.   of  Registration, 
15  /  156. 

(96)  §  3548.  SEC.  13.  The  name  of  no  person  but  an 
actual  resident  of  the  township  at  the  date  of  the  registra- 
tion, and  entitled,  under  the  constitution,  if  remaining  such 
resident,  to  vote  at  the  then  next  election  or  township  meet- 
ing, shall  be  entered  in  the  register.  Neither  the  board,  nor 
any  member  thereof,  shall  write  or  enter  therein  the  name  of 
any  person,  nor  suffer  him  to  write  or  enter  his  name  therein, 
whom  they  know  or  have  good  reason  to  believe  not  to  be 
such  resident  and  so  qualified ;  nor  shall  any  person,  knowing 
or  having  good  reason  to  believe  himself  not  to  be  such  resi- 
dent and  so  qualified,  write  his  name  therein ;  and  every  per- 
son so  offending  shall,  upon  conviction,  pay  for  each  offense 
a  fine  of  not  more  than  five  hundred  nor  less  than  twenty- 
five  dollars,  and  be  imprisoned  in  the  county  jail  not  more 
than  three  months  nor  less  than  ten  days. 

QUALIFIED  ELECTORS  :     See  section  1  and  notes  thereto. 
RESIDENCE:      See   note   to   section   87. 


Who  not 
entitled  to 
registration. 


Penalty  for 

fraudulent 

registration. 


Township 
clerk  to  de- 
liver register 
to  inspectors 
on  day  of 
election. 


Names  may 
be  registered 
on  election 
day. 


(97)  §  3549.  SEC.  14.  At  such  election  or  township 
meeting,  and  as  soon,  at  least,  as  the  poll  is  opened,  the  town- 
ship clerk  shall  cause  the  register  to  be  placed  in  the  hands 
of  the  inspectors  of  the  election,  to  be  used  by  them  during 
the  election,  and  to  be  returned  to  the  clerk  immediately 
thereafter;  and  they  shall  not  receive  the  vote  of  any  person 
whose  name  is  not  written  therein.  But  in  case  any  person 
shall  offer  and  claim  the  right  to  vote  whose  name  is  not  so 
registered,  his  name  may  then  be  registered  by  the  clerk, 
under  the  direction  of  the  inspectors,  upon  the  terms  and  con- 
ditions following:  One  of  the  inspectors  shall  administer  to 
him  an  oath  in  the  following  form,  viz.:  You  do  solemnly 
swear  that  you  will  true  answers  make  to  such  questions  as 
shall  be  asked  you  touching  your  qualifications  as  an  elector 
at  this  poll,  so  help  you  God;  or  an  affirmation  to  the  same 
effect,  which  oath  or  affirmation,  if  he  be  unable  to  under- 
stand the  English  language,  may  be  interpreted  to  him  by  an 
inspector,  or  interpreter  sworn  by  an  inspector,  which  inter- 


LAWS    RELATING    TO    ELECTIONS.  31 

preter  shall  also  interpret  his  answers  to  the  inspectors.     If  Conditions  of 

iii          111      t    j  «j-«      i       J.T_    j_   u      !_        such  regist  ra- 

ill  his  answers  on  oath,  he  shall  state  positively  that  he  has  tion. 
resided  in  the  township  ten  days  next  preceding  said  election, 
designating,  particularly,  the  place  of  his  residence,  and  that 
he  possesses  the  other  qualifications  of  an  elector  under  the 
constitution,  stating  such  qualifications;  and  shall,  further- 
more, swear  that,  owing  to  the  sickness  or  bodily  infirmity  of 
himself,  or  of  some  near  relative  residing  in  the  same  house- 
hold (giving  the  name  of  said  relative),  or  owing  to  his  ab- 
sence from  the  township  on  public  or  official  business,  or  his 
own  business,  and  without  intent  to  avoid  or  delay  his  regis- 
tration, during  the  then  last  session  of  the  board,  he  has  been 
prevented  from  causing  his  name  to  be  previously  registered  ; 
and  if,  furthermore,  some  qualified  elector  of  the  township, 
and  not  a  candidate  for  any  office  at  that  election,  shall  take 
an  oath  before  said  inspectors,  which  oath  any  one  of  them 
may  administer,  that  he  is  well  acquainted  with  such  appli- 
cant, that  he  has  in  fact  resided  in  the  township  ten  days  pre- 
vious to  such  election,  and  that  he,  the  freeholder  [qualified 
elector],  has  good  reason  to  believe,  and  does  believe,  that  all 
the  statements  of  such  applicant  are  true,  the  inspectors  may, 
in  their  discretion,  direct  the  clerk  to  register  his  name  in 
the  proper  place,  with  the  proper  date;  and  if  such  appli-  Penalty. 
cant  or  such  qualified  elector  shall,  in  said  matter,  wilfully 
make  any  false  statement,  he  shall  be  deemed  guilty  of  per- 
jury, and,  on  conviction,  be  subject  to  the  pains  and  penalties 
thereof. 

TEN  DAYS:      Now  twenty.      See  section   1. 

REGISTRATION  ON  ELECTION  DAY:  Where  a  person  applies  for  regis- 
tration on  election  day.  the  inspectors  act  upon  discretion  and  are  not  com- 
pelled to  admit  a  vote,  unless  satisfied  of  its  legality.  (Per  Campbell,  J.)  — 
People  v.  Cicott,  16  /  302.  If  an  elector  is  unable  to  attend  the  meetings 
of  the  board  for  certain  specified  reasons,  he  may  be  registered  on  election  ' 
day  upon  taking  the  prescribed  oath.  —  Att'y  Gen.  v.  McQuade,  94  /  441. 


(98)  §  3550.    SEC.  15.    Any  person  offering  to  vote  at  any 
such  election,  in  a  city,  township,  or  village,  whose  name  is 
not  written  in  the  proper  register,  may  be  objected  to,  and 
his  vote  challenged  for  that  cause  by  any  elector  present  and 
entitled  to  vote  at  that  poll;  and  on  such  challenge  being 
made,  the  inspectors  shall,  if  on  inspection  they  find  his  name 
not  so  written  in  the  proper  register,  refuse  the  vote.     But 
nothing  in  this  act  contained  shall  be  held  or  construed  in 
any  way  to  affect  or  impair  the  right  of  any  inspector  or  elec- 
tor to  challenge  any  person  offering  to  vote,  nor  the  effect  of 
such  challenge,  as  now  established  by  law,  or  as  such  right 

and  such  effect  may  hereafter  be  established  :    Provided,  how-  Proviso. 
ever.  That  the  vote  of  no  person  shall  be  received  whose  name 
is  not  so  registered. 

(99)  §  3551.      SEC.    16.     Any   person   knowing  that   his  Penalty  for 
name  is  not  so  registered,  who  shall  vote  or  offer  to  vote  at  l 

any  such  election,  either  in  a  city  or  township,  and  every  in- 
spector knowing  such  name  not  to  be  so  registered,  wilfully 
and  corruptly  consenting  to  receive  such  vote,  shall,  if  the 


32 


STATE    OF    MICHIGAN. 


vote  be  received  by  reason  of  such  consent,  be,  for  every  such 
offense,  punished  as  above  provided  in  section  thirteen  of 
this  act;  and  on  the  trial  of  the  person  so  voting  or  offering 
to  vote,  the  presumption  shall  be  that  he  knew  his  name  was 
not  so  registered. 

(100)  §  3552.  SEC.  17.  The  name  of  no  person  shall  be 
registered  in  any  township  or  ward  where  he  does  not  actu- 
ally reside  at  the  time  of  the  registration;  and  every  person 
who  shall  wilfully  register,  or  cause  or  procure,  by  entice- 
ments or  other  means,  the  name  of  any  person  to  be  registered 
contrary  to  the  provisions  of  this  act,  shall,  upon  conviction 
of  any  such  offense,  be  also  punished  as  above  provided  in 
section  thirteen  of  this  act. 


Actual 
residence  a 
condition  of 
registration. 


Penalty. 


Board  to 
review  and 
correct  lists. 


Provisions  for 
a  subsequent 
registration. 


Conditions. 


Penalty. 


Penalty  for 
false  entry. 


DEATH   AND  REMOVAL   OF  ELECTORS. 

(101)  §  3561.  SEC.  18.  At  every  session  of  the  board  of 
registration  of  any  township  or  ward,  after  the  year  one 
thousand  eight  hundred  and  fifty -nine,  it  shall  be  their  duty 
to  review  the  list  of  names  in  their  register,  and  if  it  shall 
have  come  to  their  knowledge  that  any  person,  whose  name 
has  been  registered,  has  died,  or  has  removed  therefrom,  and 
ceased  to  reside  therein,  they  shall  place  the  letter  "D" 
against  the  name  of  the  deceased  person,  and  the  letter  "R" 
against  the  name  of  the  person  who  has  so  removed,  with  the 
date  of  the  entry,  and  the  initials  of  the  member  making  it, 
so  as  to  show  by  whom  and  when  made,  and  thereafter  such 
name  shall  be  considered  and  treated  as  no  longer  on  the  list, 
and  shall  be  omitted  in  the  copies  above  provided  for.  But 
if  it  shall  happen  that  such  entry  was  erroneously  made,  and 
such  person  shall  thereafter  appear  at  any  election  and  claim 
the  right  to  vote  thereat,  his  name  may,  on  his  application,  be 
again  registered  upon  the  following  terms:  He  shall, 
upon  his  oath  or  affirmation,  which  any  member  of  the  board 
of  inspectors  or  the  board  of  registration  may  administer, 
declare  that  he  has  not  removed  from,  but  is  still  a  resident 
of  the  township  or  ward,  and  is  otherwise  a  qualified  elector 
and  entitled  to  vote ;  and  on  making  such  oath  or  affirmation, 
his  name  may  be  registered  in  the  manner  above  described, 
either  by  the  board  of  registration  or  the  board  of  inspectors ; 
and  if  such  applicant  shall  swear  or  affirm  falsely,  he  shall 
be  subject  to  the  pains  and  penalties  of  perjury.  But  in  case 
such  entry  shall  be  made  falsely,  maliciously,  and  without 
credible  information,  the  member  of  the  board  making  it 
shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  as 
such,  and  the  party  aggrieved  shall  be  entitled  to  recover  of 
him  in  an  action  on  the  case,  treble  damages  for  the  injury, 
and  treble  costs  of  suit  in  any  court  having  jurisdiction  of 
the  cause,  and  the  record  of  the  defendant's  conviction  of  the 
criminal  offense,  duly  authenticated,  shall  be  prima  facie  evi- 
dence of  his  liability* 


LAWS    RELATING    TO    ELECTIONS.  33 

(102)  §  3562.     SEC.  19.    It  shall  be  the  duty  of  any  city  <*gyte°/fur 
or  township  clerk,  except  during  the  session  of  the  board,  or  nlfhecTby r" 
on  days  of  election,  on  the  demand  of  any  qualified  elector 

of  the  ward  in  such  city,  or  of  such  township,  on  payment  or 
tender  of  his  legal  fees,  to  make  out,  certify,  and  at  his  office 
deliver  to  such  elector  a  time  copy  of  the  contents  of  the 
register  of  election  of  such  ward  or  township,  for  Which  he 
shall  be  entitled  to  receive  at  the  rate  of  fifty  cents  for  every 
one  hundred  names. 

(103)  §  35G3.    SEC.  20.    Whoever  shall  wilfully  cut,  burn,  Destroyer 
mutilate,  or  destroy  any  such  register  of  electors,  or  copy 
thereof  filed  for  preservation,  or  shall  unlawfully  take  and  larceny- 
carry  away  the  same,   or  unlawfully   conceal   or  refuse  or 
neglect  to  surrender  the  same,  with  intent  to  prevent  its  be- 
ing used  as  authorized  by  law,  shall  be  deemed  guilty  of  lar- 
ceny; and  whoever  shall  falsify  any  such  register  or  copy  by  Falsifier,  etc., 
unlawfully  erasing  or  obliterating  any  name  or  entry  law-  2uittyofer' 
fully  made  therein,  or  by  unlawfully  inserting  therein  any  forgery. 
name,  note,  or  memorandum,  with  intent  thereby  to  influence 

or  affect  the  result  of  any  election,  or  to  defraud  any  person 
of  an  election  to  office,  shall  be  deemed  guilty  of  forgery ;  and  Penalty, 
the  person  so  offending  shall,  for  every  such  offense,  be  pun- 
ished by  imprisonment  in  the  state  prison  not  more  than  five 
rears,  or  by  fine  not  exceeding  five  hundred  dollars  and  im- 
prisonment in  the  county  jail  not  more  than  one  year  nor  less 
than  ninety  days. 

(104)  §  3564.     SEC.  21.    To  the  end  that  the  contents  of  Township 
such  registers  may  not  be  lost,  it  shall  be  the  duty  of  every  copies* of  reg- 
township  clerk,  within  twenty  days  after  each  general  elec-  ^^^6^ 
tion,  to  make,  certify,  and  transmit  to  the  county  clerk  of  the  and  township 
proper  county,  and  also  to  the  township  treasurer,  a   true tr 

copy  of  sudi  contents,  to  be  by  such  county  clerk  and  town- 
ship taggjarer  filed  and  preserved  in  his  office;  for  which, 
when  received,  he  shall  give  such  township  clerk  a  receipt; 
and  such  township  clerk  shall  be  entitled  to  receive  therefor,  Fees. 
from  the  township,  at  the  rate  of  fifty  cents  for  every  one 
hundred  names.     And  such  copy,  or  a  copy  thereof,  certified  certified 
by  Hie  county  clerk  or  township  treasurer,  shall  be  prima  e^F/ence.6 
facie  evidence  of  the  contents  of  the  original,  and  in  case  of 
the  loss  or  destruction  of  the  original,  shall  be  used  in  its 
stead. 

VILLAGE    ELECTIONS. 

(105)  §3565.    SEC.  22.    Whenever  any  village  shall  be  set  Duty  of 
off,  organized,  or  incorporated,  by  act  of  the  legislature,  or  inspec 
by  the  board  of  supervisors  of  any  county,  pursuant  to  the 

laws  of  this  state,  it  shall  be  the  duty  of  the  persons  named 
or  appointed  to  act  as  inspectors  of  the  first  election  to  be 
held  in  such  village,  to  procure  from  the  clerk  of  the  township 
or  of  the  townships  respectively,  within  which  such  village 


34  STATE    OF    MICHIGAN. 


Duty  of  town-  may  wholly  or  in  part  lie;  and  it  is  hereby  made  the  duty  of 
the  township  clerk  to  furnish  to  them,  at  the  expense  of  such 
village,  from  the  register  of  the  electors  of  the  township  or 
townships  within  which  such  village  is  situated,  a  true  copy 
of  the  names  of  all  the  electors  residing  within  the  limits  of 
such  village,  contained  upon  the  registration  books  of  such 
township  or  townships,  for  a  village  election  register  for  such 
first  election,  such  copy  or  list  to  be  certified  to  by  the  clerk 
of  the  township,  and  to  be  delivered  to  the  said  inspectors 
of  election  appointed  for  such  village,  to  be  used  for  the  pur- 
pose of  such  first  village  election,  in  the  same  manner  and  to 
the  same  effect  as  is  above  provided  for  the  general  election 
eSton°andf  an^  township  meetings  in  townships,  as  near  as  may  be ;  and 
applicants1  for  there  are  hereby  given  to  the  inspectors  of  any  such  village 
registration,  election,  the  same  power  and  authority,  and  to  applicants  for 
registration  the  same  rights  and  privileges,  which  are  given 
to  township  inspectors,  and  to  applicants  at  township  elec- 
tions respectively,  at  such  elections;  and  such  inspectors  and 
applicants,  and  other  persons  mentioned  in  the  foregoing  pro- 
visions regulating  elections  in  townships,  are  charged  with  the 
same  duties,  and  subject  to  the  same  penalties  and  liabilities 
as  are  provided  in  like  cases  at  such  elections  in  townships; 
and  the  vote  of  no  person  shall  be  received  at  such  election 
whose  name  is  not  written  in  such  register,  or  in  the  copy 
when  copies  thereof  used  by  the  inspectors  of  such  first  election.  Such  copy 
Sshedbefur~  of  the  township  election  register  for  the  use  of  such  village 
election,  shall  be  furnished  at  least  ten  days  previous  to  the 
time  fixed  for  holding  such  first  village  election,  on  the  appli- 
cation of  the  persons  named  as  such  inspectors,  or  either  of 
them;  and  if  no  persons  are  named  as  such  inspectors,  upon 
the  written  request  of  any  three  qualified  electors  in  said  vil- 
lage, to  be  delivered  to  the  proper  inspectors  when  appointed 
Duty,  etc.,  of  and  chosen,  and  to  be  used  as  above  specified  and  provided.  It 
JESS?  a  l  shall  be  the  duty  of  the  president  and  trustees  of  every  vil- 
lage, after  the  same  shall  be  fully  organized,  to  conduct  the 
registration  of  electors  in  isuch  village  for  village  elections, 
and  for  such  purpose  shall  give  at  least  ten  days'  notice,  by 
publication  in  a  public  newspaper,  or  by  posting  notices  in 
not  less  than  six  public  places  in  said  village,  of  the  annual 
meeting  of  the  village  board  of  registration  for  such  village; 
and  on  the  Saturday  next  preceding  the  time  specified  for 
holding  the  annual  village  election,  the  president  and  trus- 
tees, or  three  of  their  number,  shall  meet  as  a  board  of  regis- 
tration for  such  village;  and  all  the  proceedings  of  such 
board  shall  be  conducted,  and  the  board  shall  possess  and 
exercise  the  same  duties  and  powers,  and  be  subject  to  the 
same  liabilities,  and  the  electors  shall  be  entitled  to  all  the 
rights  and  privileges,  in  making  such  registration,  as  pro- 
vided herein  for  registration  in  townships,  as  nearly  as  the 
same  can  be  made  applicable  to  such  registration  and  elec- 
tion. 


LAWS    RELATING    TO    ELECTIONS.  35 

(106)  §  3566.     SEC.  23.     If  any  person,  falsely  personal-  voting  under 
ing  any  qualified  elector,  whose  name  is  registered,  shall,  at  name!6 
any  election,  vote  or  offer  to  vote  in  the  name  of  such  elector, 

or  if  any  person  shall  knowingly  encourage  or  persuade  any 
such  person  to  vote  or  offer  to  vote,  or  if  any  person,  assum- 
ing a  false  or  fictitious  name,  shall  vote  or  offer  to  vote  by 
that  name,  or  shall  enter  or  cause  to  be  entered  upon  the 
register  as  his  own  a  false  name,  the  person  so  offending  Penalty.  - 
shall,  for  every  such  offense,  be  punished  as  above  provided 
in  section  twelve  of  this  act. 

(107)  §  3567.     SEC.  24.     The  recorder's  court  in  the  city  what  courts 
of  Detroit  shall  have  cognizance  and  jurisdiction  of  all  of-  d?ction,eetc.ns 
fenses  under  this  act,  committed  within  the  limits  of  said 

city,  and  the  offender  may  in  all  cases  be  there  proceeded 
against  by  information,  as  provided  by  the  charter  of  said 
city  or  any  other  statute  applicable  thereto.  In  all  other 
cases  the  circuit  or  district  court  for  the  proper  county  shall 
have  cognizance  of  such  offenses  committed  within  the  county ; 
and  in  cases  where  the  punishment  is  by  such  fine  or  such 
imprisonment,  one  or  both,  as  the  justice's  court  may  im- 
pose, the  proper  justice's  court  shall  have  cognizance  and 
jurisdiction  thereof. 

(108)  §  3568.     SEC.  25.    Any  willful  violation  of  duty  by  violation  of 
any  person  charged  with  the  execution  of  this  act  or  any  pro- 

vision  thereof  not  herein  particularly  provided  for,  shall  be 
deemed  a  misdemeanor,  and  the  person  guilty  thereof  shall 
be  punished  accordingly.  And  it  is  hereby  made  the  duty  of 
every  circuit  and  district  court,  in  its  charge  to  the  grand  et 
jury,  to  call  their  special  attention  to  the  necessity  of  making  JSS  Panomey. 
diligent  and  careful  inquiry  touching  offenses  arising  under 
this  act;  and  also  the  duty  of  every  prosecuting  attorney, 
whenever  he  shall  receive  credible  information  that  any  such 
offense  has  been  committed,  to  cause  the  same  to  be  prose- 
cuted. 

(109)  §  3569.     SEC.  26.    It  shall  be  the  duty  of  every  city  City  and  town- 
clerk  and  township  clerk,  annually,  in  the  month  of  Novem-  report16?8  to 
ber,  to  forward  by  mail  to  the  secretary  of  state  of  this  state,  Oefcsr^taery 

at  the  seat  of  government,  the  aggregate  number  of  names 
not  marked  with  the  letter  "D"  or  "K,"  appearing  in  the  reg- 
ister for  such  city  or  township,  omitting  the  names.    And  the  Duty  °f  secre- 
secretary  of  state  is  hereby  required  to  keep  a  record  thereof  tary  ° 
in  such  manner  as  to  show  the  number  of  votes  in  such  city 
and  township,  arranged  in  alphabetical  order,  in  a  book  to 
be  kept  for  that  purpose.    And  he  shall,  within  twenty  days 
from  the  approval  of  this  act  by  the  governor,  cause  a  printed 
copy  of  the  same  to  be  forwarded  by  mail  to  every  such  city 
and  township  clerk  in  the  state. 

(110)  §  3570.     SEC.  27.    Each  member  of  a  city  board  of  Compensa- 
registration,  while  acting  under  this  act,  shall  be  entitled  to  tion< 
receive  two  dollars  a  day  for  every  day  he  shall   actually 

serve  in  performing  his  duties,  to  be  paid  by  the  city.     And 


36 


STATE    OF    MICHIGAN. 


Oath. 


each  member  of  a  township  board  shall  receive  the  same  com- 
pensation as  now  provided  for  inspectors  of  elections. 

(Ill)  §  3571.  SEC.  28.  Each  member  of  a  board  of  reg- 
istration shall,  before  he  enters  upon  the  discharge  of  his 
duties  under  this  act,  make  and  subscribe  the  oath  of  office 
contained  in  the  first  section  of  article  eight  of  the  constitu- 
tion. 


FORM  OF  OATH  :     Evidently  means  form  specified  in  Art.  XVI,  section  2 
of  constitution,  see  section  73  of  this  compilation. 

Shltsformiri          (H2)      §  3572.     SEC.  29.     Every  register  shall  be  of  good 
arranged.         paper,  well  bound,  and  arranged  alphabetically  in  the  follow- 
ing form,  as  near  as  practicable: 


DATE. 

NAME. 

RESIDENCE. 

REMARKS. 

Time  for  meet- 
ing of  board  in 
Wayne  Co., 
outside  De- 
troit, and 
duration  of 
session. 


When  former 
registry  shall 
be  deemed 
invalid. 


REGISTRATION    IN    WAYNE    COUNTY. 

(113)  §  3579.  SEC.  36.  The  boards  of  registration  in 
each  township,  village,  or  city,  respectively,  in  the  county  of 
Wayne,  outside  of  the  city  of  Detroit,  shall  cause  a  session 
of  the  said  respective  boards  to  be  held  on  the  first  Monday 
in  October,  in  the  year  eighteen  hundred  and  seventy- two, 
and  on  the  first  Monday  in  October  in  every  fourth  year 
thereafter,  for  the  purpose  of  making  a  re-registration  of  the 
qualified  electors  of  each  town,  village,  city,  ward,  or  election 
district  therein.  The  said  several  respective  boards  shall  be 
in  session  on  the  first  Monday  in  October,  aforesaid,  and  for 
not  less  than  three  nor  more  than  six  days  thereafter,  from 
nine  o'clock  in  the  morning  to  one  o'clock  in  the  afternoon, 
and  from  two  o'clock  to  five  o'clock  in  the  afternoon,  and 
shall  be  provided  with  the  proper  blank  books  for  registering 
the  names  of  voters,  of  the  form  heretofore  used,  and  shall 
have  the  same  powers,  and  perform  the  same  duties  as  are 
conferred  upon  or  required  of  boards  of  registration  under 
the  act  aforesaid  and  the  acts  amendatory  thereto,  and  the 
same  rules  and  requirements  shall  be  observed  in  such  re- 
registration,  in  all  respects,  as  were  required  in  the  original 
registration  under  said  act.  When  such  registration  shall  be 
completed,  the  former  registry  of  electors  in  such  townships, 
cities,  villages,  or  election  districts  shall  henceforth  be 
deemed  invalid,  and  shall  not  be  used  at  the  ensuing  elections, 
and  no  person  shall  vote  at  any  public  election  in  said  towns, 
cities,  or  villages,  after  such  re-registration,  whose  name  shall 
not  be  registered  anew  under  the  provisions  of  this  section, 
or  be  afterwards  properly  entered  on  such  new  registry  ac- 
cording to  the  provisions  of  said  act.  The  provisions  concern- 
ing a  re-registration  in  the  city  of  Detroit  shall  apply  to  the 
aforesaid  cities  as  far  as  the  same  may  be  adapted  thereto. 

Registration  in  Detroit  city,  see  sections  3573-8,  3580-81,  C.  L.,  1897. 


LAWS    RELATING    TO    ELECTIONS.  37 


REGISTRATION    IN    NEW   TOWNSHIPS. 

]     ' 

An  Act  to  provide  for  the  registration  of  electors  in  new  townships. 
[Act   4,    S.    D.,    1869.] 

The  People  of  the  State  of  Michigan,  enact: 

(114)  §  3553.    SECTION  1.    That  the  persons  named  in  the  inspectors  to 
act  erecting   any   new  township,   as   inspectors   of  election,  board^ofreg- 
whether  passed  by  the  legislature  of  this  state,  or  the  board  ^ration. 

of  supervisors  of  the  proper  county,  shall  constitute  a  board 
of  registration  for  such  new  township,  until  such  officers  are 
elected  and  qualified  as  provided  by  law. 

(115)  §  3554.    SEC.  2.     Such  inspectors  shall  meet  in  the  Meeting  of 
capacity  of  such  board  of  registration,  on  the  Saturday  next  board- 
preceding  the  first  township  meeting  in  such  new  township, 

at  the  place  mentioned  in  the  act  providing  for  the  organiza- 
tion thereof,  for  holding  such  first  township  meeting,  and  Act  of  1359  to 
shall  be  governed,  in  all  respects,  by  the  provisions  of  act  govern  acti°n- 
number  177,  of  session  laws  of  1859,  which  pertain  to  regis- 
tration of  electors  in  townships,  as  far  as  the  same  are  appli- 
cable, except  as  is  hereinafter  provided. 

The  act  referred  to  above  precedes  this  act,  see  especially  sections  92-100. 

(116)  §  3555.     SEC.  3.     The  name  of  any  person  may  be  who  may 
registered  at  such  first  township  meeting,  who  shall  make  due  re£ister- 
proof,  by  his  own  oath,  before  the  board  of  inspectors  of  such 
meeting,  that  he  is  possessed  of  the  qualifications  of  an  elec- 
tor in  such  new  township,  under  existing  laws,  other  than 

that  requiring  registration. 

(117)  §  3556.     SEC.  4.     The  members  of  such  board  of  Election  of 
registration  hereby  created,  shall  elect  one  of  their  number  §{Jj£man  and 
chairman,   and  another  clerk  of  said  board,   who   shall   re-  powers  and 
spectively   possess  the  same  powers  and  perform  the  same  duties  of. 
duties  which  belong  to  and  devolve  upon  the  supervisor  and 
township  clerk,  while  acting  on  a  board  of  registration  in  an 
organized  township,  as  now  provided  by  law. 

(118)  §  3557.     SEC.  5.     In  case  one  or  more  of  the  per-  vacancies  on 
sons   appointed  as   such  inspectors  of  election   hereinbefore '11  how 
mentioned  shall,  from  any  cause,  fail  to  appear  at  the  place 
specified  for  the  holding  of  such  first  township  meeting,  to 

form  a  board  of  registration,  as  herein  provided,  such  va- 
cancy or  vacancies  on  said  board  shall  be  filled  from  among 
the  electors,  by  a  majority  vote  of  the  electors  present  at  the 
hour  appointed  for  opening  the  session  of  said  board. 

(119)  §  3558.    SEC.  6.    It  shall  be  the  duty  of  such  board  Notice  of 
of  inspectors,  or  the  surviving  member  or  members  thereof, 

in  case  of  the  decease  or  removal  of  one  or  more  of  the  same, 
to  give  public  notice  of  such  meeting,  for  the  purpose  afore- 


38 


STATE    OP    MICHIGAN. 


said,  by  causing  a  written  or  printed  notice,  which  shall  state 
the  object  of  such  meeting,  the  time  when,  and  the  place  where 
the  same  is  to  be  held,  to  be  posted  in  five  of  the  most 
public  places  in  such  new  township  at  least  fifteen  days  pre- 
vious to  the  time  of  holding  said  meeting. 


BOARDS    OF    REGISTRATION    NOT   TO    MEET    NEAR    CERTAIN 

PLACES. 

An  Act  to  prohibit  boards  of  registration  from  holding  sessions  in  or 
near  places  where  intoxicating  liquors  are  sold  or  kept  for  sale,  and 
to  prescribe  penalties  for  the  violation  of  the  provisions  of  this  act. 

[Act    23,    P.    A.    1889.] 

The  People  of  the  State  of  Michigan  enact: 
Board  of  regis-       (120)     §  3559.     SECTION  1.     That  it  shall  be  unlawful  for 

tration,   where   *•*<***  •    ,       ,  •  /.  -,  •  •  •,•,  •>• 

not  to  meet,  the  board  of  registration  of  any  township,  village  or  city  in 
this  state,  or  of  any  election  district  or  voting  precinct  there- 
in, to  meet  or  hold  any  session  for  the  purpose  of  registering 
the  electors  thereof,  in  any  room  or  building  where  intoxi- 
cating liquors  are  sold  or  kept  for  sale,  or  any  room  adjacent 
to  a  room  w^here  such  liquors  are  sold  or  kept  for  sale,  or 
connected  by  hall  or  doorway  with  such  room  or  saloon  where 
intoxicating  liquors  are  sold  or  kept  for  sale. 

(121)  §  35(>0.  SEC.  2.  Any  person  or  persons  violating 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  be  punished  by  a 
fine  not  less  than  fifty  nor  more  than  two  hundred  dollars 
and  the  costs  of  his  prosecution  or  by  imprisonment  in  the 
county  jail  not  less  than  thirty  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 


Violation  a 
misdemeanor. 


Punishment. 


General  elec- 
tion, when 
held. 


CHAPTER  III.— GENERAL  AND  SPECIAL  ELECTIONS. 

An  Act  to  provide  for  holding  general  and  special  elections. 

[Act    175,    S.    L.    1851.] 

The  People  of  the  State  of  Michigan  enact: 

(122)  §  3595.  SECTION  1.  That  a  general  election  shall 
be  held  in  the  several  townships  and  wards  of  this  state,  on 
the  Tuesday  succeeding  the  first  Monday  of  November,  in  the 
year  eighteen  hundred  and  fifty-two,  and  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  every  second  year 
thereafter,  at  which  there  shall  be  elected  so  many  of  the  fol- 


LAWS    RELATING   TO    ELECTIONS.  39 

lowing  officers  as  are  to  be  chosen  in  such  years  respectively, 
that  is  to  say :  A  governor,  lieutenant  governor,  secretary  of  Officers  to  be 
state,  state  treasurer,  auditor  general,  attorney  general,  su- 
perintendent of  public  instruction,  commissioner  of  the  state 
land  office,  members  of  the  state  board  of  education,  electors 
of  president  and  vice  president  of  the  United  States,,  repre- 
sentatives in  congress,  the  senators  and  representatives  in 
the  state  legislature,  and  the  following  county  officers,  viz.: 
Judges  of  probate,  sheriffs,  clerks,  treasurers,  registers  of 
deeds,  prosecuting  attorneys,  and  such  other  officers  as  may 
by  law  be  required  to  be  elected  at  such  general  election :  Pro-  Proviso, 
vided,  The  provisions  of  this  section  shall  not  apply  to  the 
election  of  the  senator  and  representatives  in  the  state  legis- 
lature, nor  to  the  election  of  county  officers,  in  that  portion 
of  the  state  denominated  the  upper  peninsula,  as  described  in 
section  one,  article  nineteen,  of  the  revised  constitution,  and 
such  other  territory  as  may  be  attached  thereto  for  election 
purposes.  On  the  first  Tuesday  of  November,  eighteen  hun- 
dred and  fifty-one,  there  shall  be  elected  a  governor  and  lieu- 
tenant governor,  whose  term  of  office  shall  commence  on  the 
first  Monday  of  January,  eighteen  hundred  and  fifty-two,  and 
who  shall  hold  their  respective  offices  until  the  first  day  of 
January,  eighteen  hundred  and  fifty-three,  and  until  their 
successors  are  elected  and  qualified;  which  election  shall  be 
conducted  in  the  manner  provided  by  the  constitution  and 
laws  in  force  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  fifty;  and  the  returns  and  canvass  of  votes  given 
thereon  shall  be  proceeded  and  determined  in  the  same  man- 
ner herein  provided  for  the  same  officers  to  be  elected  at  gen- 
eral biennial  elections. 

Superintendent  of  public  instruction  and  state  board  of  education  now  elected 
at  April  election. 

TOWNSHIPS:  The  townships  in  which  elections  are  held  must  be  organ- 
ized townships. — People  v.  Maynard,  15  /  468.  Nor  can  the  election  for  a 
township  be  held  within  the  corporate  limits  of  a  city  located  within  such 
township.— People  v.  Knight,  13  /  424. 

GENERAL  ELECTION :  The  term  "general  election"  means  the  biennial 
November  election. — People  v.  Palmer,  91  /  286 ;  Westinghausen  v.  People, 
44  /  268  ;  People  v.  Lord,  9  /  227.  So  far  as  the  election  of  judge  of  pro- 
bate is  concerned  an  election  at  any  other  time  must  be  regarded  as  a  special 
election. — People  v.  Palmer,  91  /  286. 

CONDUCT  OP  ELECTIONS  :  Statutory  provisions  prescribing  the  con- 
duct of  elections  are  to  be  regarded  as  directory  only,  except  where  they 
are  of  such  a  character  that  a  failure  to  comply  with  them  would  have 
the  effect  to  prevent  or  obstruct  the  complete  expression  of  the  popular 
will  or  the  production  of  satisfactory  evidence  thereof. — People  v.  Cicott, 
16/323  (Cooley,  J.).  See  People  v.  Sackett,  14/320;  Lindstrom  v.  Can- 
vassers, 94  /  469.  As  to  statutory  provisions  requiring  notices  of  elec- 
tions, see  People  v.  Witherell,  14  /  48  ;  People  v.  Hartwell,  12  /  508  ;  Secord 
v.  Foutch,  44  /  92.  Irregularities  on  the  part  of  election  officers  do  not 
necessarily  defeat  the  election,  but  may  require  it  to  be  subjected  to  rigid 
scrutiny. — People  v.  Sackett,  14  /  320.  An  election  is  not  to  be  set  aside 
because  of  an  irregularity,  unless  it  appears  that  that  irregularity  affected 
the  result. — People  v.  Cicott,  16/324  (Cooley,  J.).  Even  where  the  statu- 
tory provisions  disregarded  are  mandatory,  the  irregularity  does  not  neces- 
sarily defeat  the  election,  if  the  means  exist  of  determining  the  result. — 
Id.  ;  People  v.  Van  Cleve,  1  /  362 ;  People  v.  Higgins,  3  /  233 ;  People  v. 
Bates,  11/362;  Keeler  v.  Robertson,  27/116.  Illegal  votes  will  not  be 
allowed  to  affect  the  result,  except  where  it  can  be  shown  for  whom  they 
voted. — People  v.  Cicott,  16  /  283.  As  to  irregular  adjournment  of  the  elec- 
tion from  one  place  to  another,  see  Farrington  v.  Turner,  53  /  27.  As  to 
certain  other  irregularities,  see  People  v.  Avery,  102  /  572. 

UPPER    PENINSULA :      The    proviso    was    enacted    when    the    constitution 


40 


STATE    OF   MICHIGAN. 


provided  for  elections  in  the  upper  peninsula  on  the  last  Tuesday  of  Sep- 
tember. But  the  constitution  now  makes  no  distinction  between  the  two 
peninsulas  as  to  date  of  election. 


In  what  cases 
special  elec- 
tions may  be 
held. 


(123)  §  3596.  SEC.  2.  Special  elections  may  be  held  in 
the  following  cases,  and  for  the  election  of  the  following  offi- 
cers, viz. : 

1.  When  a  vacancy  shall  occur  in  the  office  of  senator  or 
representative  in  the  state  legislature,  representative  in  con- 
gress, judge  of  the  circuit  or  district  court,  regent  of  the  uni- 
versity, or  member  of  the  state  board  of  education; 

2.  When  there  has  been  no  choice  at  a  general  election  of 
representative  in  congress; 

3.  When  the  right  of  office  of  a  person  elected  to  any  of 
the  aforesaid  district  or  county  offices  shall  cease  before  the 
commencement  of  the  term  of  service  for  which  he  shall  have 
been  elected; 

4.  When  a  vacancy  shall  occur  in  either  of  the  said  county 
offices  after  the  commencement  of  the  term  of  service,  and 
more  than  six  months  before  the  next  general  election; 

5.  When,  in  any  other  case  of  a  vacancy  not  particularly 
provided  for  in  this  section,  the  governor  shall,  in  his  discre- 
tion, so  direct. 

SUBDIVISION  3 :  The  death  of  an  officer  elect  before  qualification  and 
before  the  expiration  of  the  term  of  the  incumbent,  creates  no  vacancy  to 
be  filled  by  appointment,  but  the  full  term  must  be  filled  by  special  election 
under  this  subdivision. — Lawrence  v.  Hanley,  84  /  399  ;  People  v.  Lord,  9  / 

"SUBDIVISION  4 :  People  v.  Palmer,  91  /  286.  Filling  vacancies  in  office 
of  county  clerk. — Section  450.  Register  of  deeds. — Sections  414,  450. 
County  treasurer. — Section  406.  Sheriff,  coroner  and  county  surveyor. — Sec- 
tion 450. 


cTesemaaCbaen"         (124)     §  3597.     SEC.  3.     A  vacancy  in  either  of  the  offices 
niiedmatygen-     named  in  the  first  section  of  this  act,  which  shall  not  have 
[0ns<  been  supplied  before  a  general  election,  may  be  supplied  at 
such  election. 

This  section   is  merely  permissive. — Secord  v.   Foutch,  44  /  92. 
See  annotations  under  section  131  infra. 


When  special 
elections  not 
to  be  held. 


When  to  be 
ordered  by 
board  of 
supervisors. 


(125)  §  3598.     SEC.  4.     No  special  election  shall  be  held 
within  three  months  next  preceding  a  general  election,  ex- 
cept in  cases  where  the  governor  shall  order  a  special  elec- 
tion. 

(126)  §  3599.    SEC.  5.    Special  elections  for  the  choice  of 
the  county  officers  named  in  section  one  of  this  act  shall, 
except  in  cases  in  which  a  special  election  is  to  be  ordered, 
by  the  governor,  be  ordered  by  the  board  of  supervisors. 

Lawrence   v.    Hanley,   84  /  404  ;    People   v.    Palmer,   91  /  287. 

(127)  §  3600.    SEC.  6.    Special  elections  shall  be  held  and 
continued  one  day  only,  and  shall  be  conducted,  and  the  re- 
sult thereof  canvassed  and  certified  in  all  respects,  as  near 
as  may  be,  in  like  manner  as  general  elections,  except  as 
otherwise  directed. 


LAWS    RELATING    TO    ELECTIONS.  41 

(128)  §  3601.     SEC.  7.     In  elections  for  the  choice  of  all 
officers  named  in  the  first  section  of  this  act,  the  persons  hav- 
ing  the  greatest  number  of  votes  shall  be  deemed  to  have  been 
duly  elected. 

PLURALITY  ELECTS :  In  general  elections  in  this  state  we  have 
adopted,  and  constantly  act  upon,  the  principle  that  plurality  elects,  and 
whenever,  as,  in  some  cases,  in  the  board  of  supervisors  and  some  municipal 
charters,  a  majority  of  the  body  voting  is  required,  it  is  especially  stated  in 
the  law. — Conrad  v.  Stone,  78/639.  — .  _. 

(129)  §  3602.    SEC.  8.    Whenever  the  time  fixed  by  the  law  Election  of 
of   congress,   for   the  election   of  electors  of  president  and  p^SSit f  and 
vice  president  of  the  United  States,  shall  not  occur  on  the  vice  president. 
day  appointed  for  holding  the  general  election,  such  election 

for  electors  of  president  and  vice  president  shall  be  held  on 
the  day  so  fixed  by  the  law  of  congress  therefor. 

(130')  §  3603.  SBC.  9.  All  the  provisions  of  law  rela- idem, 
ting  to  the  notifying  and  holding  of  the  general  elections, 
and  the  election  of  electors  of  president  and  vice  president 
thereat,  shall  apply  to  every  such  election  held  pursuant  to 
the  provisions  of  the  preceding  section;  and  the  votes  given 
for  such  electors  shall  be  returned  and  canvassed,  and  the  re- 
sult determined  in  the  same  manner  in  all  respects,  and  with 
tlie  like  effect,  as  in  case  of  the  election  of  such  electors  at  a 
general  election. 

NOTIFICATION    OP    ELECTIONS. 

(131)     §  3604.     SEC.  10.     When  a  vacancy  shall  occur  in  secretary  of 
the  office  of  judge  of  the  supreme  court,  of  judge  of  the  cir-  n<Sce°of  efec- 
cuit  court,  regent  of  the  university,  or  member  of  the  state 
board  of  education,  thirty  days  or  more  before  a  general  elec- 
tion,  the  secretary  of  state  shall,  at  least  twenty  days  before 
such  election,  cause  a  written  notice  to  be  sent  to  the  sheriff 
of  each  of  the  counties  within  the  election  district  in  which 
such  vacancy  may  occur,  which  notice  shall  state  in  which 
office  the  vacancy  occurred,  and  that  such  vacancy  will  be 
supplied  at  the  next  general  election. 

NOTICE :  The  authorities  are  uniform  that  the  neglect  of  the  secretary 
of  state,  or  of  the  sheriff,  or  of  both  of  them,  to  give  these  notices,  would 
not  invalidate  an  election  of  persons  receiving  the  highest  number  of  votes 
for  any  office  for  which  the  regular  term  was  by  law  to  be  filled  at  a 
general  election. — Adsit  v.  Sec'y  of  State,  84  /  425 ;  Att'y  Gen.  v.  Can- 
vassers, 64  /  609 ;  Powell  v.  Com.  Council,  51  / 129 ;  People  v.  Witherell, 
14  /  48  ;  People  v.  Hartwell,  12  /  508.  The  notice  required  by  the  statute 
in  such  case  is  deemed  directory  and  not  mandatory.  The  right  and  duty 
to  hold  the  election  is  derived  from  the  law  and  not  from  the  notice  — 
Adsit  v.  Sec'y  of  State,  84  /  425 :  Lindstrom  v.  Canvassers,  94  /  470.  But 
an  election  to  fill  a  vacancy,  of  which  no  notice  was  given,  and  which  was 
in  fact  known  to  but  few  of  the  voters,  is  void.  But  though  the  official 
notice  was  not  given,  or,  if  given,  not  in  the  prescribed  form,  yet,  if  the 
election  has  been  held,  and  the  great  body  of  the  voters  had  notice  in  fact 
of  the  vacancy,  this,  coupled  with  the  fact  that  they  are  presumed  to  know 
that  the  law  requires  the  vacancy  to  be  filled  at  the  next  election,  is  suffi- 
cient, even  though  many  refrained  from  voting  because  of  a  difference  in 
the  construction  of  the  law. — Adsit  v.  Sec'y  of  State,  84/427.  See  Secord 
v.  Foutch,  44/89.  The  question  to  be  considered  in  these  cases  is  whether 
the  want  of  the  statutory  notice  has  resulted  in  depriving  sufficient  electors 
of  the  opportunity  of  voting  to  change  the  result  of  the  election ;  and  the 
election  should  not  be  set  aside  when  it  is  apparent  that  the  result  would 
not  have  been  different  had  all  the  electors  voted. — Adsit  v.  Sec'y  of  State, 


42  STATE    OF    MICHIGAN. 


of  general  (132)     §  3605.     SEC.  11.     The  secretary  of  state  shall,  be- 

tween the  first  day  of  July  and  the  first  day  of  September 
preceding  a  general  election,  direct  and  cause  to  be  delivered 
to  the  sheriff  of  each  county  in  this  state,  a  notice,  in  writ- 
ing, that  at  the  next  general  election  there  will  be  chosen  as 
many  of  the  following  officers  as  are  to  be  elected  at  such 
general  election,  viz. :  A  governor,  lieutenant  governor,  sec- 
retary of  state,  state  treasurer,  auditor  general,  attorney  gen- 
eral, superintendent  of  public  instruction,  commissioner  of 
the  state  land  office,  members  of  the  state  board  of  education, 
electors  of  president  and  vice  president  of  the  United  States, 
and  a  representative  in  congress  for  the  district  to  which  each 
of  such  counties  shall  belong. 

McPherson  v.    Sec'y  of   State,   92  /  392. 

The  constitution,  Art.  XI,  now  requires  that  the  superintendent  of  public 
instruction  and  members  of  the  state  board  of  education  be  elected  at  the 
April  election,  see  sections  66,  69,  466,  467. 

of  elections  of       (133^      §  3606.     SEC.  12.     He  shall  also,  between  the  first 

senators  and        _ 

representa-  day  of  July  and  first  day  of  September  preceding  such  elec- 
tion, direct  and  cause  to  be  delivered  to  the  sheriff  of  each 
county  a  notice  in  writing,  stating  the  number  of  senators 
and  representatives  to  be  elected  in  such  county,  specifying 
the  number  of  each  district,  and  the  limits  of  such  district, 
when  the  county  alone  does  not  constitute  a  senatorial  or  rep- 
resentative district  or  districts. 

See  note  to  section  131. 

(134)  §  3607.  SEC.  13.  Whenever  a  special  election  shall 
bp  ordered  bv  the  governor  to  fill  any  vacancy,  the  secretary 
of  state  shall  immediately  notify  the  sheriff  of  each  of  the 
counties  embraced  in  said  election  district,  of  the  time  of 
holding  such  election,  the  cause  of  such  vacancy,  the  name  of 
the  officer,  and  the  time  when  his  term  of  office  will  expire. 

See  note  to  section  131. 

Duty  of  board       (135)      §  3608.     SEC.  14.     When  the  board  of  supervisors 

of  supervisors.      »  .         ,     ,,         -.  .    ,      ,       ..          ,       „,, 

of  a  county  shall  order  a  special  election  to  fill  a  vacancy  in 
any  office,  such  order  shall  be  in  writing  and  signed  by  the 
chairman  and  clerk  of  the  board,  and  shall  specify  how  the 
vacancy  occurred;  the  name  of  the  officer  in  whose  office  it 
occurred;  the  time  when  his  term  of  office  will  expire,  and 
the  day  on  which  such  special  election  shall  be  held,  not 
being  more  than  forty  nor  less  than  thirty  days  from  the 
making  of  such  order;  and  such  clerk  shall,  without  delay, 
cause  a  copy  of  such  order  to  be  delivered  to  the  township 
clerk  of  each  township,  and  to* one  of  the  inspectors  of  elec- 
tion in  each  ward  of  any  city  in  the  county. 

Secord  v.   Foutch,  44  /  89  ;   People  v.   Palmer,   91  /  287. 


LAWS  RELATING  TO  ELECTIONS.  43 

(136)  §  3609.    SEC.  15.    The  sheriff,  on  receiving  either  of  £utrof ^sheriff 
the  notices  directed  in  this  act  to  be  sent  to  him,  shall  forth-  notice. 
with  cause  a  notice  in  writing  to  be  delivered  to  the  town- 
ship clerk  in  each  township,  and  to  one  of  the  inspectors  of 

election  in  each  ward  in  any  city  of  his  county,  which  notice 
shall  contain  in  substance  the  notices  so  received  by  such 
sheriff;  but  if  such  county  shall  be  divided  into  two  or  more 
senatorial  or  representative  districts,  then  such  notice,  so  far 
as  it  relates  to  the  election  of  senators  or  representatives, 
shall  be  delivered  to  the  proper  officer  in  each  township  or 
ward  in  each  respective  district. 

See  note  to  section  131. 

(137)  §  3610.    SEC.  16.    He  shall  also  give  at  least  twenty  idem. 
days'  notice  in  writing,  to  be  delivered  to  the  township  clerk 

of  each  township,  and  to  one  of  the  inspectors  of  election 
in  each  ward  in  any  city  in  his  county,  of  the  holding  of  each 
general  election,  for  the  choice  of  county  officers,  designating 
the  officers  to  be  chosen  at  each  and  every  such  election. 

(138)  §  3611.     SEC.  17.     The  township  clerk  or  inspector  Duty  of  town- 
of  elections,  receiving  either  of  the  notices  directed  in  this  fnspect'or  on 
act  to  be  delivered  to  him,  shall,  by  notice  in  writing,  under  ne0ctfceing 

his  hand,  give  at  least  ten  days'  notice  of  the  time  and  place 
at  which  such  election  is  to  be  held,  and  the  officers  to  be 
chosen,  which  election  shall  be  held  at  the  place  of  holding 
the  last  preceding  township  meeting,  or  at  such  other  place 
in  the  township  as  the  township  board  of  such  township  shall 
prescribe;  and  if  the  notice  is  of  a  general  election,  at  which 
a  vacancy  is  to  be  filled,  it  shall  state  the  name  of  the  per- 
son in  whose  office  the  vacancy  shall  have  occurred,  and  that 
such  vacancy  will  be  supplied  at  such  election;  and  such 
township  clerk  or  inspector  shall  cause  such  notices  to  be 
posted  up  in  at  least  three  ctf  the  most  public  places  in  the 
said  township  or  ward. 

Sections  18-41  of  this  act  were  superseded  by  the  act  of  1891   immediately 
following. 


MANNER  OF   CONDUCTING  GENERAL  ELECTIONS. 

An  Act  to  prescribe  the  manner  of  conducting  and  to  prevent  fraud 
and  [deception]   deceptions  at  elections  in  this  state. 

[Act  190,  P.   A.  1891,  as  amended.] 

The  People  of  the  State  of  Michigan  enact: 

(139)     §  3612.     SECTION  1.    That  at  all  elections  at  which  inspectors  of 
any  presidential  elector,  member  of  congress,  member  of  the  t 
legislature,  state  or  county  officer  or  circuit  judge  is  to  be 
elected,  or  any  amendments  to  the  constitution,  the  super- 


44 


STATE    OF    MICHIGAN. 


Proviso. 


Further 
proviso. 


visor,  two  justices  of  the  peace,  not  holding  the  office  of  super- 
visor or  township  clerk,  whose  term  of  office  will  first  ex- 
pire and  the  township  clerk  of  each  township,  and  the  as- 
sessor, if  there  be  one,  an  alderman  of  each  ward  in  a  city 
shall  be  the  inspectors  of  election :  Provided,  That  in  all  vot- 
ing precincts  where  by  special  enactment,  provisions  exist  for 
designating  inspectors  of  election  said  provisions  are  not  to 
be  superseded,  but  such  officers  shall  be  the  inspectors  of  elec- 
tion under  this  act:  And  provided  further,  That  no  person 
shall  act  as  such  inspector,  who  is  a  candidate  for  any  office 
to  be  elected  by  ballot,  at  said  election. 

DESIGN  OF  ACT:  This  act  is  designed  to  secure  absolute  secrecy  to  the 
elector  and  thus  prevent  all  opportunity  for  corrupt  practices. — Att'y  Gen. 
v.  McQuade,  04  /  443 ;  Att'y  Gen.  v.  May,  99  /  544.  It  was  passed  to  pre- 
serve the  purity  of  elections  and,  although  it  may  result  in  some  incon- 
venience to  the  voter,  the  restrictions  placed  upon  the  manner  of  voting  and 
the  regulations,  under  which  votes  may  be  received  and  placed  in  the  ballot 
boxes,  are  within  the  province  of  the  legislature. — Att'y  Gen.  v.  May,  99  / 
547.  This  statute  supplanted  a  law  which  permitted  a  voter  to  vote  openly 
any  ballot  that  he  might  choose. — Att'y  Gen.  v.  Stillson,  108  /  422. 

COUNTY  OFFICER:  CIRCUIT  JUDGE:  Special  elections  for  judges  or 
county  officers  are  apparently  covered  by  this  section  and  call  for  the 
action  of  the  county  commissioners  provided  for  in  section  147. — Peck  v. 
Supervisors,  102  /  355. 

CONSTITUTIONAL  AMENDMENTS:  Under  Const,  xvii,  1,  such  amend- 
ments may  be  submitted  at  spring  elections.  In  such  case  the  ballots  must 
be  prepared  by  the  county  commissioners  and  may  be  separate  and  be  cast 
in  a  separate  box,  from  those  for  township  officers. — Peck  v.  Supervisors, 
102  /  355. 


When  inspect- 
ors to  be 
chosen  viva 
voce. 


Clerks  of 
election. 


Oath  of  office. 


When  voting 
precincts   may 
be  divided. 


What  to 
govern  pro- 
ceedings. 


(140)  §  3613.     SEC.  2.     In  case  four  inspectors  shall  not 
attend  at  the  opening  of  the  polls,  or  shall  not  remain  in  at- 
tendance during  the  election  the  electors  present  may  choose, 
viva  voce,  such  number  of  said  electors  as,  with  the  inspector 
or  inspectors  present,   shall   constitute  a  board  of  four  in 
number;  and  such  electors  so  chosen,  shall  be  inspectors  of 
that  election,  during  the  continuance  thereof. 

(141)  §  3614.     SEC.  3.    In  townships,  the  township  clerk, 
if  present,  shall  act  as  clerk  of  the  election,  and  before  the 
opening  of  the  polls,  the  inspectors  in  each  township  shall 
appoint  an  elector  to  be  a  second  clerk  of  the  election;  and 
if  the  township  clerk  shall  not  be  present,  the  board  shall 
appoint  two  such  clerks,  and  the  inspectors  in  each  ward  or 
voting  precinct  in  a  city  shall  designate  one  of  their  number 
to  act  as  clerk  and  shall  appoint  one  other  elector  as  second 
clerk;  and  each  of  the  clerks  so  appointed,  and  each  of  the 
inspectors  so  chosen,   shall  take  the  constitutional  oath  of 
office,  which  oath  either  of  the  inspectors  may  administer. 

(142)  §  3615.    SEC.  4.    When  any  election  district  or  vot- 
ing precinct  shall  contain  over  three  hundred  electors,  ac- 
cording to  the  poll  list  of  the  last  preceding  general  election, 
the  township  board  in  townships  and  the  city  council  in  cities 
may,  in  their  discretion,  divide  such  voting  precincts  into  two 
or  more  election  districts.     In  case  of  townships  and  incor- 
porated villages  so  divided,  the  provisions  of  chapter  eight 
of  Howell's  annotated  statutes  shall  apply  to  and  govern  all 
proceedings    hereunder,    with    reference    to    such    division, 
boards  of  registration,   election  inspectors  and  all  matters 


LAWS    RELATING   TO    ELECTIONS.  45 


arising  therefrom  not   provided  for  by  this  act.     In   cities 
where  no  special  provisions  exist  relative  thereto,  such  divi-  to  provide  for 
sion  and  all  matters  arising  therefrom,  not  covered  by  the  by  °] 
provisions  of  this  act,  shall  be  provided  for  by  ordinance  of 
the  common  council  of  said  city,  and  it  is  hereby  made  the 
duty  of  such  common  council  to  make  all  necessary  rules  and 
regulations  in  connection  therewith  to  fully  carry  out  the 
provisions  of  this  section. 

Conely  v.    Common   Council,   93  /  44G. 

(143)  §  3616.     SEC.  5.     On  the  day  of  election  the  polls  ™is,^  en 
therof  shall  be  open  at  seven  o'clock  in  the  forenoon,  or  as  soon  w 
thereafter  as  may  be,  and  shall  be  continued  open  until  five 
o'clock  in  the  afternoon  of  the  same  day  and  no  longer  ;  but  in 
townships  the  board  may  adjourn  the  polls  at  twelve  o'clock, 

noon,  for  one  hour,  in  its  discretion.     The  inspectors  shall  Proclamation. 
cause  proclamation  to  be  made  upon  opening  the  polls  and 
cause  proclamation  to  be  made  of  the  closing  of  the  polls,  one 
hour,  thirty  minutes  and  fifteen  minutes,  respectively,  before 
closing  thereof  :    Provided,  That  in  counties  where  all  the  vot-  proviso, 
ing  precincts  in  the  county  use  voting  machines,  the  polls  in  m°achfnes 
such  counties  shall  be  continued  open  until  seven  p.  m.  of  the 
same  day  and  no  longer. 

Am.   1911,   Act  60. 

As  to  irregularities  in  opening  and  closing  the  polls,  see  People  v.  Cicott, 
16/305,  324 

(144)  §  3617.     SEC.  6.    There  shall  be  provided  and  kept 
by  the  township  clerk  in  each  township  at  the  expense  of  such 
township,  and  in  each  ward  or  voting  precinct  of  any  city  by 
the  city  clerk  or  recorder  at  the  expense  of  the  city,  one  or 
more  suitable  ballot  boxes,  with  lock  and  key,  which  ballot- 
box  shall  have  an  opening  through  the  lid  of  the  proper  size 
to  admit  a  single  closed  ballot,  through  which  each  ballot  re- 

ceived shall  be  passed  into  the  box.  He  shall  also  furnish  Election  seal. 
a  township  or  ward  election  seal,  which  shall  contain  the 
name  of  the  township  or  ward  and  the  words  "election  seal" 
around  the  margin  thereof,  and  such  other  words  or  device 
thereon  as  the  township  board  of  the  township  or  common 
council  of  the  city  may  prescribe. 

BALLOT  BOXES  :  The  law  contemplates  that,  where  state  or  county 
measures,  or  state  or  county  officers  to  be  elected  by  reason  of  a  vacancy, 
are  to  be  voted  upon,  the  county  commissioners  may  act  ;  and  in  such  case, 
the  ballot  may  be  separate  from  the  ballot  containing  the  tickets  for  town- 
ship officers  and  separate  ballot  boxes  may  be  used,  for  the  furnishing  of 
which  this  section  provides.  —  Peck  v.  Supervisors,  102  /  356. 

(145)  §  3618.     SEC.  7.     Before  opening  the  poll,  the  bal-  careofbox, 
lot  box  shall  be  examined,  and  the  contents,  if  any,  removed  key>  et 
therefrom;  it  shall  then  be  locked,  and  the  key  thereof  de- 
livered to  one  of  the  inspectors,   to   be  designated  by  the 

board.    The  said  box  shall  not  be  opened  during  the  election, 
except  as  provided  by  law  in  case  of  adjournments. 


46 


STATE    OF    MICHIGAN. 


Chairman  of 
board. 


Board  of 
election  com- 
missioners. , 


Proviso. 


(146)  §  3619.     SEC.  8.     When  the  supervisor  shall  be  one 
of  the  board,  he  shall  be  chairman  thereof;  but  if  he  be  ab- 
sent, such  one  of  their  number  as  the  inspectors  shall  desig- 
nate, shall  be  chairman. 

(147)  §  3620.     SEC.  9.     In  each  county  of  the  state  the 
judge  of  probate,  county  clerk  and  county  treasurer  shall  con- 
stitute a  board  of  election  commissioners,  two  of  whom  shall 
constitute  a  quorum  and  of  which  board  the  judge  of  probate 
shall  be  chairman  and  the   county  clerk    shall  be  secretary: 
Provided,  That  in  the  counties  of  Kent  and  Wayne,  the  board 
of  county  canvassers,    together   with    the    county  clerk,  who 
shall  not  be  entitled  to  vote  on  said  board,  shall  constitute 
a  board  of  election  commissioners,  two  of  whom  shall  con- 
stitute a  quorum.    In  the  counties  last  above  specifically  men- 
tioned, the  chairman  of  said  board  of  county  canvassers  shall 
be  chairman  of  the  board  of  election  commissioners,  and  the 
county  clerk  shall  act  as  clerk  of  said  board,  but  in  the  event 
of  his  unavoidable  absence  the  board  may  select  one  of  his 
deputies  to  act  in  his  stead,  and  in  case  of  a  vacancy  in  said 
board  of  county  canvassers,  acting  as  a  board  of  election  com- 
missioners, the  members  of  the  board  who  are  present  may 
fill  said  vacancy.     When  the  said  board  of  election  commis- 
sioners is  made  up  of  the  board  of  county  canvassers  the  mem- 
bers of  said  board  shall  receive  the  same  compensation  as 
they  are  entitled  to  by  law  for  their  services  when  acting  as 
a  board  of  county  canvassers.     It  shall  be  the  duty  of  said 
board  to  prepare  a  sufficient  number  of  ballots,  at  least  two 
to  each  elector,  according  to  the  vote  at  the  last  preceding 
general  election,  for  election  of  all  officers  for  whom  the  elec- 
tors are  entitled  to  vote,  and  for  all  proposed  constitutional 
amendments  or  other  questions  to  be  submitted  to  the  electors 
for  popular  vote  in  compliance  with  the  provisions  of  law. 

Am.  1907,  Act  189;   1911,  Act  158. 

OTHER  QUESTIONS :  There  may  be  occasion  for  the  action  of  county 
boards  of  election  commissioners  in  cases  not  covered  by  section  one  of 
this  act.  Such  a  case  occurs  upon  the  submission  of  the  question  of  the 
removal  of  the  county  seat. — Peck  v.  Supervisors,  102  /  355. 

CONSTITUTIONAL  AMENDMENTS :  Act  to  secure  publicity  of  amend- 
ments to  the  constitution,  see  sections  583-4  infra. 

Board  of  (148)      §  3621.     SEC.  10.     The  said  board  of  election  com- 

miSioners"1"    missioners  shall  cause  to  be  printed  on  the  ballot  or  ballot 
duty  of.  label  or  slips  to  be  placed  on  a  voting  machine  when  used,  the 

names  of  the  candidates  nominated  by  the  regularly  called 
conventions  or  primary  election  of  any  party,  and  it  shall  be 
state,  dis-  ^ne  duty  of  the  st§te,  district  or  county  committee  of  each 
committees1117  political  party  to  forward  to  the  chairman  of  the  said  board 
of  election  commissioners  of  each  county  in  the  state,  not  less 
than  twenty  days  prior  to  any  such  election,  a  copy  of  the  vig- 
nette adopted  by  them  and  the  names  of  all  candidates  nomi- 
nated at  any  regularly  called  convention  or  primary  at  which 
candidates  for  any  of  the  offices  mentioned  in  section  one  of 
this  act  shall  be  nominated,  and  no  other  names,  unless 
authorized  and  instructed  by  said  convention,  except  that  in 


Compensation. 


Number 
of  ballots. 


LAWS    RELATING    TO    ELECTIONS.  47 

the  county  of  Wayne  such    county  and  district  committees  Wayne  county 
shall  perform  such  duty  not  less  than  ten  days  prior  to  any  c< 
such  election.    All  the  names  of  parties  so  nominated  shall  be  who  to  certify 
certified   to  by   the  chairman  and  secretary  of  the  respective 
committees:     Provided,  That  it  shall    be   unlawful  for   said  Proviso  as  to 
board  of    election  commissioners    to    cause  to  be  printed  or  gam^8  °f 
placed  in  more  than  one  column  on  the  ballot  or  voting  ma- 
chine the  name  of  any  candidate  who  shall  have  received  the 
nomination  by  two  or  more  parties  or  political  organizations 
for  the  same  office.     Any  person  so  receiving  the  nomination  Nominee  of 
for  the  same  office  by  two  or  more  parties  or  political  organ-  Ipecify^ffoice^ 
izations  shall,  within  five  days  after  his  name  has  been  certi- 
fied to  said  election  commission  as  having  been  nominated  by 
two  or  more  political  parties  for  the  same  office,  give  notice 
to  the  board  of  election  commissioners  of  each  county  in  the 
state,  if  said  nomination  be  for  a  state  office,  and  to  the  board 
of  election  commissioners  of  each  county  in  the    district,  if 
said  nomination  be  for  a  congressional,  judicial  or  legislative 
office,  and  to   the    board    of   election    commissioners  of  the 
county,  if  such  nomination  be  for  a  county  office,  specifying 
in  such  notice  the  column  of  which  party  or  political  organi- 
zation on  the  ballot  or  voting  machine  he  wishes  his  name  to 
be  printed  or  placed,  and  said  board  of  election  commission- 
ers shall  print  or  place  the  name  of  such  candidate  in  such 
column  on  the  ballot  or  voting  machine  so  specified  by  him, 
and  in  no  other  column.     Such  notice  shall  be  given  to  said  Notice,  how 
election  commissioners  by  delivering  the  same  either  in  per-  given 
son  or  by  depositing  the  same  in  the  post  office  in  a  sealed 
envelope  with  postage  prepaid,  directed  to  the  chairman  of 
such    board    of  election  commissioners  at  the  county  seat  of 
the  respective  counties,  except  that  in  the  county  of  Wayne  in  Wayne 
such  notice  shall  be  given  by  a  nominee  for  a  county,  judicial  county- 
or  legislative  office  within  said  county,  within  three  days  after 
his  name  has  been  so  certified    as    having    been    nominated 
by  two  or  more  political  parties:     Provided,    That    in    case  Proviso,  when 
any  such  candidate  so  nominated  by  two  or  more  parties  or 
political  organizations  for  the  same  office,  and  wrhose  name 
shall  have  been  certified  by  the  chairman  and  secretary  of  the 
committees  of  such  parties  or  political  organizations  to  the 
said  board  of  election  commissioners  within  the  time  and  as 
above  provided,  shall  refuse  or  neglect  to  give  notice  to  said 
board  of  election  commissioners  as  above  provided,  and  with- 
in the  time  above  named,  specifying  in  wThich  column  on  the 
ballot  or  voting  machine  he  wishes  his  name  to  be  printed, 
then  and  in  such  case  said  board  of  election  commissioners 
shall  cause  his  name  to  be  printed  or  placed  in  the  column  of  column, 
the  party  or  political  organization,    from  the    chairman  and 
secretary  of  whose  committee  said  board  of  election  commis- 
sioners shall  have  first  received  notice  of  such  person's  nomi- 
nation for  said  office,  and  said  board  of  election  commission- 
ers shall  not  cause  the  name  of  such  person  to  be  printed  on 


48  STATE    OP   MICHIGAN. 


the  ballot  or  placed  on  the  voting  machine  as  a  candidate  for 
Districts          the  same  office  in  any  other  column.     All  the  provisions  of 
this  section  shall  apply  to  all  city,  village  and  township  elec- 
tions held  in  this  state,  except  that  the  notice  herein  required 
to  be  given  by  a  candidate  shall  be  given  by  him  to  the  proper 
board  of  election  commissioners    within    two  days  after  his 
name    has   been    so   certified   as    nominated  by  two  or  more 
political  parties  for  the  same  office,  but  this  section  shall  not 
Not  to  conflict  be  construed  as    conflicting   with    act   number   one  hundred 
J2{.h  ce  ninety-four  of  the  public  acts  of  eighteen  hundred  ninety-one. 

Am.   1905,   Act  25 ;   1909,   Act   302. 

Act   194  of  1891    is   sections   229-231   of   this   compilation. 

NOMINATED  BY  CONVENTION :  A  candidate  ought  to  be  placed  in 
nomination  by  the  electors  and  represent  a  respectable  portion  thereof,  in 
order  to  entitle  him  to  have  his  name  printed  upon  the  ballot.  Any  one 
has  the  right  to  announce  himself  as  a  candidate,  but  the  ballot  caniiot  be 
filled  with  the  names  of  independent  candidates.  Every  one  has  the  right 
to  be  voted  for  upon  the  ballot ;  but,  where  he  is  not  the  nominee  of  a  con- 
vention, a  person  can  be  voted  for  only  in  the  blank  left  on  the  ballot  for 
such  purpose. — Chateau  v.  Jacob,  88  / 171.  See,  also,  Bragdon  v.  Navarre, 
102  /  259  ;  Stephenson  v.  Election  Com'rs,  118  /  416. 

VIGNETTE :  But  one  vigmette  is  provided  for,  but  the  placing  of  a 
separate  vignette  at  the  head  of  the  county  ticket,  while  an  irregularity,  is 
not  fatal.  A  voter  cannot  be  disfranchised,  nor  a  candidate  who  is  not 
shown  to  have  participated  in  any  fraud,  be  defeated  of  his  election,  by  such 
an  irregularity. — Lindstrom  v.  Canvassers,  94  /  467.  Where  the  vignette 
adopted  combines  with  it  the  name  of  the  party  or  political  organization 
represented  by  the  committee  forwarding  it  to  the  commissioners,  it  is  un- 
necessary to  put  another  heading  below  it. — Shields  v.  Jacob,  88  /  164. 

See  Baker  v.   Election   Com'rs,    110/635. 

vignettepro-  (149)  §  3622.  SEC.  11.  It  shall  hereafter  be  the  duty  of 
the  state  committee  of  any  political  party  or  organization  in 
this  state,  before  each  election,  to  prepare  and  adopt,  by  en- 
graving or  otherwise,  a  vignette,  to  be  printed  at  the  top  of 
the  column  of  such  ballot  assigned  to  such  party,  as  a  dis- 

Sizeof.  tinctive  and  characteristic  heading  thereto;  such  vignette 

shall  not  be  more  than  one  inch  and  a  half  square,  and  in 
addition  to  the  device  adopted,  shall  set  forth  legibly  the  name 

Proof  copy  to  of  such  party.  A  proof  copy  of  the  ballot  shall  be  placed 
on  file  at  the  office  of  the  county  clerk  of  each  county  by  the 
board  of  election  commissioners  and  be  open  for  inspection 
by  the  candidates  named  thereon  and  by  the  chairman  of  each 
committee  furnishing  the  names  of  candidates  thereon,  but 
by  no  other  person,  at  least  ten  days  prior  to  each  election, 
except  in  the  county  of  Wayne,  where  such  copy  shall  be  on 
file  at  least  six  days  prior  to  each  election.  And  it  shall  be 
the  duty  of  the  board  of  election  commissioners  to  correct 
such  errors  as  may  be  found  therein  by  such  inspection. 

VIGNETTE  :     See  note  to  preceding  section. 

PROOF  COPY :  The  failure  to  have  the  proof  copy  of  the  ballot  on  file 
for  inspection,  at  least  ten  days,  is  an  irregularity  which  will  not  disfran- 
chise a  voter  or  deprive  a  candidate  of  his  election,  if  not  shown  to  have 
participated  in  any  fraud. — Lindstrom  v.  Canvassers,  94  /  467. 

impression  of        (150)      §  3623.     SEC.  12.    When   such  vignette   and   head- 

begnfedetc       ing  shall  have  been  adopted  and  prepared,  an  impression  of 

the  same,  followed  by  the  names  of  the  candidates  nominated 

at,  or  by  the  direction  of  the    regularly  called  convention, 

printed  and  sealed  up  in  an  envelope,  shall  be  filed  by  the  re- 


LAWS  RELATING  TO  ELECTIONS.  49 

spective  committees  with  the  county  clerk  of  the  county  where 
such  election  is  to  be  held,  and  with  the  secretary  of  state, 
at  least  twenty  days  prior  to  such  election,  except  in  the 
county  of  Wayne,  where  such  duties  shall  be  performed  by 
the  respective  committees  at  least  ten  days  prior  to  such  elec- 
tion. Such  lists  shall  be  kept  by  the  secretary  of  state  and  unlawful  to 
said  county  clerk  on  deposit,  and  from  the  time  of  said  filing 
it  shall  be  unlawful  for  any  person  to  imitate,  copy  or  in  any 
manner  counterfeit  the  same,  or  change  the  name  of  the  can- 
didate of  such  regular  convention,  except  as  herein  provided, 
or  by  authority  of  such  convention.  Such  vignette  and  head- 
ing shall  remain  as  the  heading  for  the  column  of  such  party 
organization  on  the  ballots  of  all  elections  until  changed  by 
the  proper  committee,  and  notice  thereof  shall  have  been 
given  to  such  county  clerks  and  secretary  of  state.  It  shall  Board  to  pro- 
be the  duty  of  the  board  of  election  commissioners  to  pro-  ^ld< 
vide,  at  the  expense  of  the  county,  a  sufficient  number  of  cuts 
of  the  several  vignettes  provided  for  in  this  act,  from  which 
to  print  the  necessary  number  of  ballots  to  be  distributed  by 
them. 

(151)  §  3624.     SEC.  13.     Whenever  a  proposed  constitu-  secretary  of 
tional  amendment  or  other  question  is  to  be  submitted  to  the  clrt?fy°amend- 
electors  of  the  state  for  popular  vote  the  secretary  of  state  ments. 
shall  duly  and  not  less  than  fifteen  days  before  election,  cer- 
tify the  same  to  the  clerk  of  each  county  in  the  state. 

CONSTITUTIONAL    AMENDMENTS:      For   an    act   to   secure   greater   pub- 
licity  for  amendments  to  the  constitution,   see  sections  583-4. 

(152)  §  3625.     SEC.  14.    The  board   of  election   commis- Printing  of 
sioners  in   each   county   shall   cause  the  names  of  all  candi-  baffoets,°etc. 
dates  for  the  various  offices  mentioned  in  section  one  of  this 

act  to  be  voted  for  at  any  election  held  pursuant  to  the  pro- 
visions of  this  act,  to  be  printed  on  one  ballot,  all  nomina- 
tions of  any  party  to  be  placed  in  a  separate  column  under 
the  title  and  device  of  such  party  as  designated  in  its  certifi- 
cate, with  the  name  of  each  candidate  opposite  the  name  of 
the  office  for  which  he  was  certified  to  have  been  nominated. 
At  the  general  election  held  in  November  the  names  of  the  Name  of 
several  offices  to  be  voted  for  shall  be  placed  on  the  ballot  in  office- 
the  following  order :     Electors  of  president  and  vice  presi-  Order  of 
dent  of  the  United  States,  governor,  lieutenant  governor,  sec-  Fdr^No^mber 
retary  of  state,  state  treasurer,  auditor  general,  attorney  gen-  election. 
eral,  superintendent  of  public    instruction,    commissioner  of 
the  state  land  office,  member  of  the  state  board  of  education, 
representative  in  congress,  senator  and  representatives  in  the 
state  legislature,  judge  of  probate,  sheriff,   clerk,   treasurer, 
register  of  deeds,   prosecuting  attorney,  auditor  in  counties 
electing  an  auditor,  circuit  court    commissioners,    coroners, 
surveyor.     At  the  general  election    held  in    April   the   order  April  election. 
shall  be  justice  of  the  supreme  court,  regents  of  the  univer- 
sity, circuit  judge,  county  commissioner  of  schools.     At  any 
election    to   fill   vacancy,  the    office  to  be  voted  for  shall  be 
7 


50  STATE  OP  MICHIGAN. 


placed  in  the  appropriate  place  on  the  ballot,  regard  being 
had  to  its  .being  a  state,  congressional,  legislative,  or  county 

Party  tickets,  office.  The  tickets  of  the  party  having  the  greatest  number 
of  votes  within  the  state  at  the  last  preceding  presidential 
election  as  shown  by  the  votes  cast  thereat  for  electors  of 
president  and  vice  president  shall  be  placed  first  on  the  bal- 
lot, the  position  of  other  tickets  to  be  governed  relatively  by 

Ballots  to  be     the  same  rule.     The  ballots  shall  be  of  uniform  size  and  of 

uniform  size.  ^e  game  quaiity  and  color  of  white  paper,  and  sufficiently 
thick  that  the  printing  cannot  be  distinguished  from  the  back 
and  the  ballots  in  each  election  district  shall  be  numbered 
consecutively  on  the  upper  right-hand  corner  of  the  front  side 
thereof,  and  no  two  ballots  of  the  same  kind  in  the  same 
township  or  election  district  shall  have  the  same  number; 
such  corner  containing  said  number  shall  be  perforated 
diagonally  across  the  corner  of  the  ballots,  so  that  it  can  be 
handily  torn  off  as  hereinafter  provided,  before  such  ballot 

Plan  of  ballot,  is  deposited  in  the  ballot  box.  The  arrangement  of  the  bal- 
lot shall  conform  as  nearly  as  possible  to  the  following  plan, 
and  shall  contain  the  specific  instructions  therein  set  forth, 
and  no  others: 

OFFICIAL   BALLOT. 

(Instructions.)  In  all  cases  make  a  cross  (X)  in  the  circle 
(O)  under  the  name  of  your  party  at  the  head  of  the  ballot. 
If  you  desire  to  vote  a  straight  ticket,  nothing  further  need 
be  done.  Where  only  one  candidate  is  to  be  elected  to  any 
office,  and  you  desire  to  vote  for  a  candidate  not  on  your 
party  ticket,  make  a  cross  (X)  in  the  square  [  ]  before  the 
name  of  the  candidate  for  whom  you  desire  to  vote  on  the 
other  ticket.  Where  two  or  more  candidates  are  to  be 
elected  to  the  same  office,  and  you  desire  to  vote  for  candi- 
dates on  different  tickets  for  such  office,  make  a  cross  (X)  in 
the  square  [  ]  before  the  name  of  the  candidates  for  whom 
you  desire  to  vote  on  the  other  ticket;  also  erase  an  equal 
number  of  names  of  candidates  on  your  party  ticket  for  the 
same  office  for  whom  you  do  not  desire  to  vote.  If  you  wish 
to  vote  for  a  candidate  not  on  any  ticket,  write  or  place  the 
name  of  such  candidate  on  your  ticket  opposite  the  name  of 
the  office.  Before  leaving  the  booth,  fold  the  ballot  so  that 
the  initials  of  the  inspector  may  be  seen  on  the  outside. 


LAWS   RELATING   TO    ELECTIONS. 


51 


NAMES  OF  OFFICES 
VOTED  FOR. 

Vignette 
with 
Name  of  Party. 

Vignette 
with 
Name'of  Party. 

Vignette 
with 
Name  of  Party. 

o 

O 

O 

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate. 

PRESIDENTIAL. 

Electors  of  President 
and  Vice-President. 

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate. 

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate. 

STATE. 

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate. 

DName  of  can- 

DName of  can- 

DName of  can 

didate. 

didate. 

didate. 

Secretary  of  State  

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate. 

Representative  in  Congress, 
District  

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate. 

LEGISLATIVE. 

Senator                 District          

DName  of  can- 
didate. 

DName  of  can- 
didate. 

DName  of  can 
didate 

Representative           .            District 

DName  of  can- 

DNarae of  can- 

DName of  can 

didate. 

didate. 

didate. 

COUNTY. 

Judge  of  Probate 

DName  of  can- 
didate 

DName  of  can- 
didate 

DName  of  can 
didate 

Sheriff 

DName  of  can- 

DName of  can- 

DName of  can 

didate. 

didate. 

didate. 

Clerk      

DName  of  can- 

DName of  can- 

DName of  can- 

didate. 

didate. 

didate. 

52 


STATE    OP   MICHIGAN. 


Am.   1901,  Act  214. 

OFFICIAL  BALLOT:  As  to  printing  names  on  ballots  and  the  prepara- 
tion of  the  tickets,  see  notes  to  section  148.  The  provisions  of  this  section 
as  to  arranging  the  tickets  on  the  ballots  are  not  merely  directory,  but 
must  be  observed  in  making  up  the  ballot. — Baker  v.  Elec.  Com'rs,  110  /  635. 
A  spring  election  held  not  a  general  election  in  determining  the  right  to 
place  a  ticket  in  the  first  column  of  an  official  ballot. — Edgar  v.  Bd.  of  Elec. 
Com'rs,  118  /  418.  See  Stephenson  v.  Bd.  Elec.  Com'rs,  118  /  396. 

INSTRUCTIONS:  In  a  village  election,  notices  in  the  nature  of  instruc- 
tions to  the  voter,  were  posted,  but  followed  the  form  originally  prescribed 
in  1891,  and  were  not  in  exact  conformity  with  the  amendatory  law  of 
1893.  This  waS  held  to  be  an  irregularity,  which  was  not  fatal  to  the 
election. — People  v.  Avery,  102  /  573. 

BALLOT:  All  votes  must  be  given  by  ballot. — Const,  iii,  7.  Under  the 
old  law  it  was  held  that  the  designation  of  the  person  voted  for  by  the 
initials  of  his  name  is  not  sufficient,  for  no  other  evidence  than  the  ballot 
is  receivable  to  show  the  voter's  intention.  A  vote  for  J.  A.  Dyer  does  not 
show  an  intention  to  vote  for  James  A.  Dyer  and  cannot  be  counted  for  him. 
—People  v.  Tisdale,  1  Doug.  59 ;  People  v.  Higgins,  3  /  233  ;  People  v. 
Cicott,  16/283;  People  v.  McNeal,  •  63  /  294.  An  error  in  spelling  a  name, 
if  it  does  not  change  the  sound,  will  not  prevent  the  ballot  from  being 
counted  for  the  person  evidently  intended. — People  v.  Tisdale,  1  Doug.  65. 
"Finegan"  may  be  counted  for  "Finnegan." — People  v.  Mayworm,  5  / 149. 
Where  a  part  of  the  surname  has  been  omitted,  it  cannot  be  counted  as  if 
it  were  perfect,  unless  it  is  idem  sonans. — People  v.  Cicott,  16  /  307.  But 
a  well  known  abbreviation,  as  Geo.  for  George,  or  Thos.  for  Thomas  may  be 
used  and  counted  according  to  the  evident  intention  of  the  voter. — People 
v.  Tisdale,  1  Doug.  65.  Poor  handwriting  may  be  fatal ;  a  written  ballot 
for  Toley  was  not  allowed  to  be  counted  for  Tobey. — People  v.  McNeal,  63  / 
294.  But  ballots  for  John  Jochim  were  counted  for  John  W.  Jochim.  it 
not  appearing  that  there  was  any  other  John  Jochim  within  the  district. 
• — People  v.  Kennedy,  37  /  67.  The  omission  of  the  word  "for"  before  the 
name  of  the  office  is  immaterial,  and  the  name  of  the  office  may  be  abbre- 
viated, if  it  is  unequivocal. — People  v.  Cicott,  16/307.  When  an  act  author- 
izes the  submission  of  a  question  to  the  people  without  prescribing  the 
form  of  the  ballot,  it  is  necessary  that  the  voter's  ballot  should  show  that 
the  specific  question  contemplated  by  the  act  was  passed  upon. — People  v. 
Woodhull,  14/28. 


In  case  of 
death  of  can- 
didate. 


Pasters  to  be 
provided. 


In  case  a 
name  has  been 
omitted. 


Change  in  bal- 
lots on  death, 
removal  or 
resignation  of 
candidate. 


(153)  §  3626.  SEC.  15.  In  case  of  the  death,  removal  or 
withdrawal  of  any  candidate  after  the  printing  of  such  bal- 
lot, and  before  such  election,  the  chairman  of  the  state,  dis- 
trict or  county  committee  of  the  political  party  to  which  such 
candidate  belongs  shall  transmit  to  the  chairman  of  the 
board  of  election  commissioners  the  name  of  the  person  se- 
lected by  such  party  to  fill  such  vacancy,  and  said  board  shall 
provide  the  election  board  of  each  precinct,  in  which  such 
candidate  is  to  be  voted  for,  with  a  number  of  pasters  con- 
taining only  the  name  of  such  new  candidate,  at  least  equal 
to  the  number  of  ballots  provided  for  such  precinct,  but  no 
pasters  shall  be  given  to,  or  received  by  any  one,  except  such 
election  board  and  such  chairman,  and  it  shall  be  the  duty 
of  the  chairman  of  the  board  of  inspectors  of  election  to  put 
one  of  such  pasters  in  a  careful  and  proper  manner,  in  the 
proper  place  on  each  ballot  before  it  shall  be  given  to  any 
elector  for  the  purpose  of  voting,  and  in  case  the  name  of 
any  candidate  regularly  certified  to  said  board  of  election 
commissioners  shall  have  been  omitted  from  such  ballots,  said 
board  of  election  commissioners  shall  furnish  pasters  contain- 
ing the  name  of  such  candidate  and  the  same  shall  be  placed 
upon  the  ballots  as  herein  provided  in  the  case  of  a  candi- 
date selected  to  fill  a  vacancy.  In  case  of  such  death,  re- 
moval or  resignation  before  the  printing  of  such  ballots,  the 
name  of  the  person  selected  in  the  place  of  such  candidate 
shall  be  communicated  by  the  proper  committee  to  the  politi- 
cal organization  to  which  such  candidate  belonged,  and  the 


LAWS    RELATING    TO    ELECTIONS.  S3 

necessary  change  in  such  ballot  shall  be  made  by  the  board. 

(154)      §  3627.     SEC.  16.     It    shall    not  be  lawful  for  the  Unlawful  to 

,    j  »  -XT          use  other  than 

printer  of  such  ballots  or  any  other  person  to  give,  or  deliver 


to,  or  knowingly  permit  to  be  taken,  any  of  said  ballots,  by 
any  person  other  than  the  board  of  election  commissioners, 
for  which  such  ballots  are  being  printed,  or  to  print,  or  cause 
or  permit  to  be  printed,  any  ballot  in  any  other  form  than  the 
one  prescribed  by  this  act,  or  with  any  other  name  thereon, 
or  with  the  names  misspelled,  or  the  names  or  devices  thereon 
arranged  in  any  other  way  than  that  authorized  and  directed 
by  the  said  board  of  election  commissioners  :  Provided,  That  Proviso. 
it  shall  and  may  be  lawful  for  the  chairman  of  committees, 
and  candidates  named  on  the  official  ballot  to  procure  any 
number  of  fac  similes  of  the  ticket  to  be  printed  on  red,  yel- 
low or  blue  paper  and  to  circulate  the  same  for  the  purpose 
of  the  instructions  of  voters;  and  said  colored  ballot  to  have 
printed  at  the  head  the  words  "Instruction  Ballot." 

(155)  §  3628.     SEC.  17.    It  shall  be  the  duty  of  the  board  Board  of  eiec- 
of  election  commissioners  of  each  county  to  provide  and  en-  sioners™™fur- 
close  in  each  package  of   official   ballots   to  be   delivered  to  nish  Pencils- 
some  member  of  the  board  of  election  inspectors  of  each  vot- 

ing precinct  as  hereinafter  provided,  as  many  black  or  blue 
lead  pencils,  to  be  attached  with  strings  or  in  other  suitable 
manner  to  the  booth,  as  may  be  necessary,  at  least  three  black 
or  blue  lead  pencils  being  furnished  for  every  booth  erected  as 
hereinafter  provided.  And  the  board  of  election  commission- 
ers of  each  county  shall  audit  and  issue  their  warrants  for 
the  same,  which  shall  be  paid  by  the  county  treasurer  out  of 
the  general  fund  of  the  county. 

Section  18  is  repealed  by  Act  266  of  1897. 

(156)  §  3629.     SEC.  19.    It  shall  be  the  duty  of  the  chair-  Duty  of  chair- 
man of  the  board  of  election  inspectors  of  each  voting  pre-  Sire  ballots". 
cinct  in  each  county,  or  in  case  he  cannot  attend,  some  other 
member  of  such  board,    authorized  in  writing  by  the  said 
chairman,  to  appear  at  the  office  of  the  county  clerk  of  his 

county,  not  more    than  four  nor  less  than    two  days  before 

each  election,   and  the  board  of  election  commissioners  shall 

deliver  to  him,  in  a  sealed  package,  the  ballots  and  the  stamps 

or  other  apparatus    provided    for    his    precinct  :     Provided,  Proviso,  where 

That  in  cities  where  a  later  date  is  fixed  for  the  delivery  of  ?natc1tiSesfixed 

city  ballots  to  said  [chairmen]  chairman,  the  ballots  may  be 

delivered  by  the  board  of  election  commissioners  at  the  same 

time  that  the  city  ballots  are  so  delivered,  and  in  election 

precincts  where  the  ballot  boxes  are  delivered  locked  to  elec- 

tion  inspectors   by   officials,   such  stamps   and  pads  or  other 

apparatus  may  be  enclosed   in   such   ballot  boxes   instead  of 

with  the  ballots.     The  necessary   number  of  ballots  shall  be  HOW  ballots 

wrapped  and  tied  in  packages,  and  securely  sealed  with  wax,  put  up- 

and  the  chairman  of  said  board  of  election  commissioners  or 

some  other  member  thereof,  duly  authorized  therefor  by  said 


54  STATE    OF    MICHIGAN. 


board,  shall  make  and  sign  a  certificate  setting  forth  the 
number  of  ballots  in  such  package,  and  that  such  ballots  were 
packed  and  sealed  by  himself  personally,  and  upon  delivery 
of  such  package  and  said  certificate  to  said  inspector  of  elec- 
tions he  shall  receipt  for  the  same;  and  for  the  safe  sealing 
of  such  ballots,  the  county  board  of  election  commissioners 
shall  provide  themselves  with  a  seal  of  such  design  as  they 

opened0  be  llia«7  ^eem  Prop^r-  Said  packages  shall  not  be  opened  until 
delivered  to  the  election  board  of  the  respective  voting  pre- 
cincts, to  which  they  were  directed  when  said  boards  shall  be 
fully  organized  and  ready  for  the  reception  of  votes  as  in  this 
act  provided. 

when  board  to       (157)      §  3630.     SEC.  20.     In  case    none    of    the  board  of 

send  ballots.         ,      ..         .  .     ,,  ^ 

election  inspectors  of  any  precinct  shall  appear  at  the  office 
of  the  county  clerk  within  the  time  above  specified,  the  board 
of  election  commissioners  shall  forthwith  dispatch  a  special 
messenger  to  such  precinct,  with  the  ballots  and  stamps  for 
such  precinct,  wrapped,  tied  and  sealed  as  aforesaid,  who 
shall  deliver  the  same  to  one  of  the  election  inspectors  or 
some  responsible  elector  of  such  precinct,  to  be  designated  by 
the  board  of  election  commissioners,  who  may  receipt  there- 
for and  whose  duty  it  shall  be  to  deliver  the  same  to  the  in- 
spectors at  the  polling  place  before  seven  o'clock  in  the  fore- 
TO  me  receipt  noon  of  the  day  of  election.  Such  messenger  shall  promptly 
report  to  such  clerk  and  file  with  him  the  receipt  of  the  per- 
son to  whom  he  delivered  such  ballots  and  stamps,  and  his 
affidavit  stating  where,  when  and  to  whom  he  delivered  the 
same. 

Railing  or  (158)      §  3631.     SEC.  21.     In  all  townships,  and  all  voting 

erected^6       precincts  in  cities,  the  township  board  of  each  township,  and 
voting  room.    |^e  varioug  officers  whose  duty  it  may  be  to  designate  and 
prescribe  the  place  or  places  of  holding  general  elections  in 
the   several  cities,    wards,    election  districts   and  voting  pre- 
cincts, throughout  the  state,  shall  provide  for,  and  cause  to 
be  erected  in  the  room  where  elections  are  to  be  held,  a  rail- 
ing or  fence  four  feet  in  height,  which  railing  or  fence  shall 
be  placed  through  and  across  the  room,  and  shall  cause  gates 
Entrance  to  be  to  be  erected  in  said  railing.     The  entrance  gate  shall  be  in 

in  charge  of  „  •    i  n 

gate  keeper,  charge  of  a  gate  keeper  appointed  at  the  opening  of  the  polls 
by  the  board  of  election  inspectors,  and  duly  sworn  to  allow 

ffideallramng  no  P61"8011  ^°  Pass  through  said  gate  and  enter  said  railing 
'  except  as  otherwise  provided  in  this  act,  except  to  vote  or  to 
assist  some  elector  in  the  preparation  of  his  ballot,  as  pro- 
vided in  this  act,  and  no  person  shall  be  allowed  to  be  inside 
of  said  railing,  except  to  vote,  or  to  assist  an  elector  in  the 
preparation  of  his  ballot  as  hereinafter  provided,  and  as  soon 
as  the  elector  has  voted  he  shall  retire  without  and  shall  not 
again  be  admitted  within  the  railing,  and  only  as  many  elec- 
tors as  there  are  booths  shall  be  allowed  within  the  railing 
at  one  and  the  same  time,  and  the  electors  shall  be  admitted 


LAWS    RELATING   TO    ELECTIONS.  55 

in  the  order  in  which  they  shall  apply.     The  entrance  gate  Booths  to  be 

shall  be  placed  at  one  side  of  the  room,  and  on  the  inside  of 

said  gate  a  booth  or  temporary  room  shall  be  erected.     At 

least  one  such  booth  shall  be  provided  at  each  polling  place, 

and  not  less  than  one  for  each  hundred  persons  entitled  to 

vote  thereat,  as  shown  by  the  last  preceding  registration  of 

electors,  and  built  with  walls  not  less  than  six  feet  high,  and 

in  such  [a]  manner  that  the  person  preparing  the  ballot  shall 

be  concealed  from  all  other  persons.     Said  railing  shall  also  j^Jf'6  and 

contain  an  exit  gate,  which  shall  be  under  the  care  of  an 

officer  appointed  by  the  board  and  duly  sworn,  as  above. 

The  booths  must  be  so  constructed  as  to  secure  secrecy  to  the  voter  in 
the  preparation  of  his  vote,  but  so  as  not  to  obstruct  the  view  between  the 
public  and  the  voter  when  he  deposits  his  vote.  The  gate-keeper  must  admit 
within  the  railing  at  one  time  as  many  voters  as  there  are  booths,  and  no 
more,  and  as  fast  as  one  booth  becomes  vacant  he  must  admit  another 
voter. — Common  Council  v.  Rush,  82  /  533. 

MISCONDUCT  OF  INSPECTORS :  In  determining  the  title  to  a  county 
office,  the  vote  of  a  township  should  be  excluded,  where  it  appears  that  in 
such  township  the  mandatory  provision  of  the  election  law  requiring  the 
official  ballots  to  be  kept  in  the  custody  of  an  inspector  was  violated  by  the 
appointment  of  an  unofficial  person  as  "instructor"  to  distribute  the  bal- 
lots, and  allowing  him  access  to  the  voters  even  after  they  had  entered 
the  booths,  although  the  parties  acted  in  good  faith  and  it  is  not  shown  that 
voters  were  unduly  influenced. — Att'y  Gen.  v.  Kirby,  120  /  592. 

(159)      §  3632.     SEC.  22.    At  the  opening  of  the  polls  after  Package, 

,  /•    i -•        i  -•       j>    •        now 

the  organization  of  and  in  the  presence  of  the  board  of  in- 
spectors, one  of  the  inspectors  shall  open  the  packages  of  bal- 
lots in  such  a  manner  as  to  preserve  the  seal  intact.    He  shall 
then  deliver  to  any  one  of  the  inspectors  fifty  of  the  ballots,  inspector. 
and  shall   place  the  pencils  for  marking  the  ballots  in   the 
booths.    Any  inspector  initialing  ballots  shall  at  once  proceed  initialing. 
to  write  his  initials  in  ink  or  with  lead  or  indelible  pencil  on 
the  back  of  the  ballot   directly  below  the  perforated  line,  so 
that  the  same  shall  not  be  torn  off  when  the  number  is  torn 
off  by  the  inspector,  in  his  ordinary  handwriting  and  without 
any  distinguishing  mark   of   any   kind.    As   each    successive  P^j.e[J of 
voter  calls  for  a  ballot,  one  of  the  inspectors  shall  deliver  to  voter, 
him  the  first  signed  of  the  fifty  ballots,  and  as  the  supply  of 
ballots  in  the  hands  of  the  inspectors  shall  decrease,  addi- 
tional ballots  shall  be  signed  by  an  inspector,  so  that  at  least 
twenty-five  ballots  so  signed  shall  be  at  all  times  in  the  hands 
of  the  inspector  delivering  the  ballots  to  the  electors. 

Am.  1901,  Act  214  :  1905,  Act  55  ;  1909,  Act  192. 

INITIALING  BALLOTS:  The  provisions  of  this  law  do  not  authorize 
the  rejection  by  the  canvassers  of  ballots,  inadvertently  indorsed  by  the  in- 
spector in  the  lower  right-hand  corner ;  so  much  of  the  statute  as  designates 
the  particular  place  for  the  indorsement  being  directory  only. — Horning  v. 
Board  of  Canvassers  of  Saginaw  Co.,  119/51.  See  DeGaw  v.  Fitzsimmons, 
124  /  511. 

The  indorsement  of  the  initials  was  made  in  all  respects  as  required  by 
law,  except  that,  instead  of  being  in  the  upper  left-hand  corner,  they  were 
in  the  lower  right-hand  corner.  The  inspectors  of  election  did'  not  intend 
to  do  any  wrong.  The  electors  were  all  qualified  voters.  They  accepted  the 
ballots  as  given  them  by  the  inspector,  supposing  them  to  conform  fully  with 
the  law.  As  voted,  they  were  secret  ballots.  The  electors  voted  them  in 
the  utmost  good  faith,  without  objection  or  challenge  from  anyone.  The  in- 
spectors counted  them  without  protest  from  any  one.  The  electors  were  in 
no  sense  responsible  for  the  mistake  of  the  inspector.  To  disfranchise  hun- 
dreds of  legal  voters,  for  an  unintentional  mistake  of  this  character  by  a 
public  officer,  is  a  gross  injustice,  and  is  calculated  to  ibring  a  very  com- 
mendable law  into  disrepute.  It  would  enable  a  corrupt  inspector  to  dis- 
franchise the  electors  when  they  were  not  parties  to  the  fraud. — Horning 


56 


STATE    OP    MICHIGAN. 


v.  Bd.  of  Canvassers,  119  /  60.  Act  55  of  1905,  making  provision  for  initialing 
ballots  and  rejecting  those  improperly  marked,  is  constitutional. — People  v. 
Rinehart,  161  /  585. 

See  note   to  previous  section. 


Challengers. 


Powers. 


Evidence. 


May  remain 
during  can- 


Proceedings 
when  elector 
is  challenged. 


Form  of  oath, 
when  elector 
is  challenged. 


(160)  §  3633.  SEC.  23.  At  every  election  each  of  the 
political  parties  shall  have  the  right  to  designate  and  keep  not 
exceeding  two  challengers  at  each  place  of  voting,  who  shall 
be  assigned  such  positions  immediately  adjoining  the  inspec- 
tors inside  the  polling  place  as  will  enable  them  to  see  each 
person  as  he  offers  to  vote  and  a  seat  and  table  or  desk  on 
which  he  may  write  within  the  railing  shall  be  furnished  for 
the  accommodation  of  one  of  such  challengers  of  each  politi- 
cal party,  and  he  shall  have  the  right  to  inspect  the  poll  lists 
as  kept  by  the  clerks,  and  who  shall  be  protected  in  the  dis- 
charge of  their  duty  by  the  inspectors  and  the  police.  Au- 
thority signed  by  the  recognized  chairman  or  presiding  officer 
of  the  chief  managing  committee  of  a  party  in  such  county 
or  township,  city,  ward  or  voting  precinct,  shall  be  sufficient 
evidence  of  the  right  of  such  challengers  to  be  present  in- 
side the  room  where  the  ballot  box  is  kept.  The  chairman  ap- 
pointing any  challenger  may,  at  his  discretion,  remove  him 
and  appoint  another.  Any  challenger  shall  have  the  right 
and  privilege  of  remaining  during  the  canvass  of  the  votes 
and  until  the  returns  are  duly  signed  and  made. 

People  v.  Hanna,  98  /  516  ;  Att'y  Gen.  v.  May,  99  /  566. 
See  note  to  section  158. 

(161)  §  3634.  SEC.  24.  If  any  person  offering  to  vote 
shall  be  challenged  as  unqualified  by  any  inspector,  chal- 
lenger, or  any  elector  qualified  to  vote  at  that  poll,  the  chair- 
man of  the  board  of  inspectors  shall  declare  to  the  person 
challenged  the  constitutional  qualifications  of  an  elector,  and 
if  such  person  shall  state  that  he  is  a  qualified  elector,  and 
the  challenge  shall  not  be  withdrawn,  one  of  the  inspectors 
shall  tender  to  him  such  of  the  following  oaths  as  he  may 
claim  to  contain  the  grounds  of  his  qualifications  to  vote: 

1.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  are  a  citizen  of  the  United  States, 
that  you  have  resided  in  this  state  six  months,  and  in  this 
township   (ward,  or  voting    precinct,    as  the    case  may  be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election;  or 

2.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  state  on  the  twenty- 
fourth  day  of  June,  one  thousand  eight  hundred  and  thirty- 
five,  that  you  have  resided  in  this  state  six  months,  and  in 
this  township  (ward,  or  voting  precinct,  as  the  case  may  be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election ;  or 

3.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  state  on  the  first 
day  of  January,  one  thousand  eight  hundred  and  fifty,  that 


LAWS    RELATING   TO    ELECTIONS.  87 

you  have  declared  your  intention  to  become  a  citizen  of  the 
United  States,  pursuant  to  the  laws  thereof,  six  months  pre- 
ceding this  election,  that  you  have  resided  in  this  state  six 
months,  and  in  this  township  (ward,  or  voting  precinct,  as 
the  case  may  be)  twenty  days  next  preceding  this  election, 
and  that  you  have  not  voted  at  this  election;  or 

4.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  state  two  years  and 
six  months  prior  to  the  eighth  day  of  November  in  the  year 
one   thousand   eight   hundred    and   ninety-four,  that  you  de- 
clared  your   intention   to   become   a   citizen   of   the  United 
States,  pursuant  to  the  laws  thereof,  two  years  and  six  months 
prior  to  said  eighth  day  of  November,  that  you  have  resided 
in  this  township  (ward,  or  voting  precinct,  as  the  case  may 
be)   twenty  days  next    preceding  this  election  and  that  you 
liave  not  voted  at  this  election;  or 

5.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  are  a  native  of  the  United  States, 
that  you  are  of  Indian  descent  and  do  not  belong  to  any  tribe, 
that  you  have  resided  in  this  state  six  months,  and  in  this 
township   (ward,  or  voting  precinct,    as    the    case   may    be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election. 

If  such  person  so  challenged  will  take  either  of  the  above  Penaity  for 
oaths,  his  vote  shall  be  received;    but  if  such  person  shall 
therein  swear  falsely,  upon  conviction  thereof  he  shall  be  lia- 
ble to  the  pains  and  penalties  of  perjury. 

RESIDENCE :  The  temporary  absence  of  a  person  or  his  family,  though 
extending  over  a  series  of  years,  does  not  necessarily,  without  regard  to  his 
intentions,  make  him  lose  his  residence,  or  deprive  him  of  his  rights  as  an 
elector. — Harbaugh  v.  Cicott,  33  /  242.  See  also  notes  to  section  97. 

VOTING  TWICE  :  One  who  has,  first  by  mistake,  voted  in  the  wrong  pre- 
cinct, and  upon  discovering  his  mistake  has  requested  and  procured  the 
inspectors  to  withdraw  and  cancel  a  ballot  such  as  he  asserted  he  had 
voted,  has  no  right  afterwards  to  vote  again  in  his  proper  precinct:  and  his 
second  vote  is  illegal. — Id. 

ELECTIVE  FRANCHISE:  It  must  be  remembered  that  the  right  of  vot- 
ing is  one  which  cannot  be  taken  away  by  direct  law  or  impossible  condi- 
tions.— Warren  v.  Board  of  Registration,  72/399. 

OATHS :  Where,  by  the  law  under  which  an  election  is  held,  the  in- 
spectors are  to  receive  the  voter's  ballot  if  he  takes  the  oath  that  he 
possesses  the  constitutional  qualifications,  the  oath  is  the  conclusive  evidence 
on  which  the  inspectors  are  to  act,  and  they  are  not  at  liberty  to  refuse 
to  administer  it,  or  to  refuse  the  vote  after  the  oath  has  been  taken. — 
Wolcott  v.  Holcomb,  97  /  361  ;  People  v.  Cicott,  16  /  302. 

(162)  §  3635.     SEC.  25.     It  shall  be  the  duty  of  each  in-  Duty  of  in- 
spector to  challenge  every  person  offering  a  ballot  whom  he 

shall  know  or  suspect  to  be  disqualified  as  an  elector;  and  the 
board  of  inspectors  shall  possess  full  authority  to  maintain 
regularity  and  order,  and  to  enforce  obedience  to  their  law- 
ful commands  during  an  election,  and  during  the  canvass  of 
the  votes  after  the  poll  is  closed. 

(163)  §  3636.     SEC.  26.     When    an    elector   shall   not   be  Manner  of 
challenged  or  shall  have  taken  the  necessary  oath  or  affirma-  voting- etc- 
tion  he  shall  be  permitted  to  vote.    On  entering  the  room  the 
inspector  having  charge  of  the    ballots  shall  deliver  to  him 

one  of  them,  and  the  clerk  shall  enter  his  name  upon  the  poll 


58 


STATE    OF    MICHIGAN. 


How  ballot 
marked  by 
voter,  etc. 


list,  together  with  the  number  of  the  ballot  given  him  and  on 
request  such  inspector  shall  give  explanation  of  the  manner 
of  voting,  if  deemed  necessary  by  the  board  an  interpreter 
may  be  called.  The  elector  shall  then  and  without  leaving 
"the  room,  go  alone  into  the  booth,  which  is  unoccupied,  and 
indicate  the  candidate  or  candidates  for  whom  he  desires  to 
vote,  as  follows:  If  he  desires  to  vote  a  straight  ticket  he 
must  make  a  cross  (X)  in  the  circle  under  the  name  of  his 
party  at  the  head  of  the  ballot.  Nothing  further  need  be 
done.  Where  only  one  candidate  is  to  be  elected  to  an  office 
and  the  elector  desires  to  vote  for  a  candidate  not  on  his 
party  ticket  he  should  make  a  cross  in  the  circle  under  the 
name  of  his  party,  and  also  make  a  cross  in  the  square  before 
the  name  of  the  candidates  for  whom  he  desires  to  vote  on  the 
other  ticket.  In  such  case  it  shall  not  be  necessary  to  strike 
off  the  name  of  the  candidate  on  the  party  ticket  and  where 
two  or  more  candidates  are  to  be  elected  to  the  same  office, 
like  circuit  court  commissioners,  presidential  electors,  etc., 
and  the  voter  desires  to  vote  for  candidates  on  different 
tickets  for  such  office,  he  must  mark  a  cross  in  the  circle 
under  his  party  name,  and  mark  a  cross  in  the  square  before 
the  name  or  names  of  the  candidates  for  whom  he  desires  to 
vote  on  the  other  ticket  or  tickets,  and  also  erase  an  equal 
number  of  names  of  the  candidates  for  such  office  on  his 
party  ticket:  Provided,  That  if  such  elector  shall  not  cross 
off  the  names  of  an  equal  number  of  candidates  for  such  office 
on  his  party  ticket  he  shall  be  deemed  to  have  crossed  off  the 
name  of  each  candidate  for  such  office  which  is  printed  on  his 
party  ballot  opposite  of  a  candidate  on  some  other  party 
ticket  in  front  of  whose  name  he  has  made  a  cross  (X).  If 
the  elector  wishes  to  vote  for  a  candidate  not  on  any  ticket, 
he  must  write  or  place  the  name  of  such  candidate  on  his 
ticket,  opposite  the  name  of  the  office,  and  make  a  cross  in  the 
circle  under  the  party  name.  A  ticket  marked  with  a 
cross  in  a  circle  under  a  party  name  will  be  deemed  a  vote  for 
each  of  the  candidates  named  in  such  party  column  whose 
name  is  not  erased,  except  those  candidates  where  a  cross  is 
placed  in  the  square  before  the  name  of  some  opposing  candi- 
date on  the  opposing  ticket,  or  Where  a  name  is  written  or 
pasted  on  the  party  ticket  of  some  candidate  whose  name  is 
not  printed  as  a  candidate  on  any  party  ticket.  In  case 
there  is  only  one  candidate  to  be  elected  to  any  office,  the 
cross  in  the  square  before  the  name  of  the  candidate  on  the 
opposing  ticket  shall  be  deemed  one  vote  for  such  candidate. 
Where  there  are  two  or  more  candidates  to  be  elected  to  the 
same  or  like  office,  the  cross  before  the  name  of  the  opposing 
candidate  or  candidates,  shall  be  deemed  one  vote  for  such 
candidate  or  candidates,  provided  an  equal  number  of  names 
of  candidates  for  the  same  office  are  erased  or  can,  under  the 
provisions  of  this  section  be  deemed  to  have  been  erased,  from 
the  party  ticket.  If  the  name  of  any  person  who  is  not  a 


Proviso. 


To  vote  for 
candidates 
not  on  any 
ticket. 


What  deemed 
a  vote  for 
each  can- 
didate. 


LAWS  RELATING  TO  ELECTIONS.  59 

candidate  on  any  ticket  is  written  or  placed  on  the  party 
ticket  opposite  the  name  of  the  office,  and  there  is  a  cross  in 
the  circle  under  the  party  name,  the  name  so  written  or 
placed  shall  be  counted  one  vote  for  the  person  so  mentioned, 
whether  the  original  name  on  the  party  ticket  is  erased  or 
not,  excepting  cases  where  there  is  a  cross  in  the  square  be- 
fore the  name  of  some  opposing  candidate  on  some  other 
party  ticket.  If  no  cross  is  placed  in  the  circle  under  the 
party  name,  a  cross  in  the  square  before  the  name  of  any 
candidate  shall  be  deemed  a  vote  for  such  candidate  except 
in  cases  where  the  elector  votes  for  more  candidates  for  the 
same  office  than  are  to  be  elected.  Such  elector  shall  also 
indicate  his  preference  on  any  constitutional  amendment  or 
other  questions  if  he  desires  to  vote  thereon,  by  making  a 
cross  (X)  in  the  square  in  front  of  the  words  "Yes"  or  "No" 
opposite  such  question.  Before  leaving  the  booth  the  elector  Elector  to 
shall  fold  his  ballot  so  that  no  part  of  the  face  thereof  shall  f( 
be  exposed,  and  so  that  the  initials  of  the  inspector  shall  be 
on  the  outside  thereof,  and  on  leaving  the  booth  shall  a*t  once 
deliver  in  public  view  such  ballot  to  the  inspector  designated 
to  receive  the  same,  wrho  shall  thereupon  announce  audibly 
the  name  of  the  elector  offering  the  same,  and  the  number 
of  the  ballot,  and  shall  ascertain  by  comparison  of  the  num- 
ber of  the  ballot  with  the  number  of  the  ballot  given  such 
elector  as  shown  by  the  poll  list  whether  the  ballot  presented 
is  the  same  one  given  such  elector,  and  if  it  is  the  same  the 
inspector  shall  tear  off  the  corner  of  the  ballot,  where  per- 
forated, containing  the  number  and  shall  then,  in  the  pres- 
ence of  the  elector  and  the  board  of  inspectors,  deposit  the 
same  in  the  ballot  box  without  opening,  and  if  it  is  not  the 
same  ballot  given  said  elector  it  shall  be  rejected :  Provided,  Proviso. 
however,  If  any  elector  shall  show  his  ballot  or  any  part 
thereof  to  any  person  other  than  one  lawfully  assisting  him 
in  the  preparation  thereof,  after  the  same  shall  have  been 
marked  so  as  to  disclose  any  part  of  the  face  thereof,  such 
ballot  shall  not  be  received  or  deposited  in  the  ballot  box.  In 
case  such  elector  shall  so  expose  his  ballot  his  name  shall  be 
entered  on  the  poll  list  with  a  minute  of  such  occurrence, 
and  such  elector  shall  not  be  allowed  to  vote  thereafter  at 
such  election.  The  elector  shall  then  leave  the  room,  but  no 
elector  to  whom  the  ballot  has  been  delivered  shall  be  per- 
mitted to  leave  the  room  without  voting  such  ballot,  or  re- 
turning it  to  the  inspector  from  whom  he  received  it.  Any 
elector  who  shall  attempt  to  leave  the  room  with  a  ballot  or 
pencil  in  his  possession  shall  be  at  once  arrested  on  demand 
of  any  member  of  the  board  of  inspectors  if  he  shall  refuse 
to  deliver  the  same  upon  request. 

Am.   1901,   Act  214. 

SECRECY  OP  THE  BALLOT  :  The  inspectors  are  not  permitted  to  exam- 
ine the  ballots  as  handed  to  them,  so  that  where  they  are  folded  they  have 
no  means  of  ascertaining  how  a  person  votes,  and  after  the  ballot  is  once 
deposited  they  have  neither  the  opportunity  nor  authority  to  investigate  the 
matter. — Harbaugh  v.  Cicott,  33  /  251.  It  is  only  the  legally  qualified  voter 
who  is  protected  in  the  secrecy  of  his  ballot,  and  no  one  has  the  right  to 


60  STATE    OP    MICHIGAN. 


inquire  or  make  known  the  contents  of  his  ballot,  or  give  evidence  of  it 
without  his  consent.  Even  if  his  qualifications  are  questioned,  his  privilege 
remains  until  the  lack  of  qualifications  is  established,  either  by  his  own 
admission  or  otherwise. — People  v.  Cicott,  16  /  283 ;  Harbaugh  v.  Cicott, 
33  /  251.  The  action  of  the  chairman  of  the  board  of  inspectors,  in  re- 
ceiving and  depositing  in  the  ballot  box  the  ballots  of  13  unregistered  per- 
sons, and  the  ballots  of  a  large  number  of  persons  who  had  shown  them 
after  they  had  been  marked,  and  in  allowing  and  instructing  third  persons 
to  enter  the  voting  booths  with  a  large  number  of  electors,  and,  after  their 
ballots  had  been  marked  by  such  third  persons,  depositing  them  in  the  bal- 
lot box,  it  is  held  to  have  vitiated  the  vote  of  the  election  precinct. — Att'y 
Gen.  v.  McQuade,  94/439;  Att'y  Gen.  v.  May,  99/544. 

ENTERING  BOOTH  ALONE  :  The  provisions  of  this  section  requiring  the 
elector  to  enter  the  booth  alone  and  prepare  his  ticket  are  mandatory. — Att'y 
Gen.  v.  McQuade,  94/439.  See  sections  158,  169  and  notes. 

ERASING  NAMES  :  Under  this  section  as  originally  enacted  it  was  neces- 
sary for  the  elector,  when  voting  for  a  candidate  on  the  opposing  ticket,  not 
only  to  mark  the  name  of  such  candidate  with  a  cross,  but  also  to  erase  the 
name  of  the  candidate  on  the  voter's  own  ticket.  But  by  the  amendment 
of  1893  [see  Am.  of  1901]  the  legislature  dispensed  with  the  necessity  of 
the  erasure  of  the  name. — Att'y  Gen.  v.  Glaser,  102  /  402.  And  such  erasure 
is  permissible,  though  not  necessary. — Id.  405. 

SLIPS  PASTEiD:  Slips  over  names  on  ballot,  when  void.  Where  a  slip 
is  so  placed  on  a  ticket  as  to  leave  on  it  two  distinct  names  as  candidates 
for  the  same  oflice,  the  ballot  is  rendered  bad  as  to  that  office  for  duplicity. 
But  where  an  attempt  is  made  to  cover  one  name  by  another  for  the  same 
office,  so  that  the  under  one  is  partially  obliterated,  the  slip  will  be  counted 
although  the  name  beneath  is  not  entirely  covered. — The  People  v.  Cicott, 
16  /  283.  Where  a  slip  is  pasted  over  a  name  so  as  to  partially  obliterate 
it,  the  slip  should  be  counted. — Keeler  v.  Robertson,  27  /  117.  This  section 
provides*  that,  if  an  elector  wishes  to  vote  for  a  candidate  not  on  any  ticket, 
he  must  write  or  paste  the  name  of  such  candidate  on  his  ballot,  opposite 
the  name  of  the  office,  and  make  a  cross  in  the  circle  under  the  party  name, 
and,  if  no  cross  is  placed  in  such  circle,  a  cross  in  the  square  before  any 
candidate's  name  shall  be  deemed  a  vote  for  such  candidate,  except  where 
the  elector  votes  for  more  candidates  for  the  same  office  than  are  to  be 
elected.  Held,  that  the  pasting  of  respondent's  name  over  the  name  of 
relator  without  putting  a  cross  under  any  party  name  or  opposite  the  name 
of  respondent,  or  erasing  the  name  of  a  third  candidate  on  the  ballot,  was 
not  a  compliance  with  the  law. — People  v.  Fox,  114  /  652. 

MARKING  BALLOTS  :  Ballots  were  all  marked  with  a  blue  pencil  in  the 
circle  at  the  head  of  the  ticket.  In  one  Instance,  it  looks  as  though  the 
voter  first  made  a  cross,  and,  thinking  he  had  not  marked  it  plainly  enough, 
repeated  the  marking  substantially  over  the  first  marking.  Two  other 
tickets  looked  as  though  they  might  have  been  made  with  a  blue  pencil 
the  lead  of  which  was  so  broken  that  two  points  projected  so  as  to  make 
marks  upon  the  ballot ;  or  the  voter  may  have  made  the  cross  with 
a  down  and  up-stroke  in  making  each  mark.  There  is  nothing  in  the  mark- 
ing to  distinguish  the  ballot  from  other  ballots.  If  these  ballots  are  to  be 
rejected,  the  ballots  of  a  large  number  of  voters  who  do  not  have  occasion 
to  use  pen  and  pencil  very  often  would  have  to  be  rejected. — People  v. 
Kamps,  129/217.  A  ballot  marked  with  two  parallel  horizontal  lines 
across  the  circle  at  the  head  of  one  of  the  party  tickets  cannot  be  counted, 
the  statute  requiring  a  cross  as  the  designation  of  the  voter's  intent. — 
Christopherson  v.  Com.  Council,  117  / 125. 

SHOWING  BALLOT:  The  provisions  that,  if  the  elector  shows  his  ballot 
after  preparing  it,  such  ballot  shall  not  be  received  or  deposited  in  the 
box,  is  mandatory. — Att'y  Gen.  v.  May,  99  /  545.  And  receiving  and  de- 
positing in  the  ballot  box  a  large  number  of  ballots  so  shown  will  vitiate 
the  election  of  the  precinct. — Att'y  Gen.  v.  McQuade,  94  /  439. 

SEPARATE  BALLOT  BOXES :  Where  state  or  county  measures  are  to 
be  voted  on,  or  state  or  county  officers  to  be  elected  to  fill  vacancies,  at 
the  spring  election,  the  county  commissioners  must  prepare  the  ballot,  and 
in  such  cases  the  ballot  may  be  separate  from  that  of  the  township  and 
may  be  cast  in  a  separate  box. — Peck  v.  Supervisors,  102  /  356.  The  elector 
is  not  to  be  deprived  of  his  vote  by  either  the  mistake  or  the  fraud  of  the 
inspector  in  depositing  it  in  the  wrong  box,  if  the  intention  of  the  voter 
can  be  ascertained  with  reasonable  certainty.  Nor  should  ballots  be  rejected, 
though  they  may  have  got  into  the  wrong  box  by  the  honest  mistake  of 
.  the  voters  themselves. — People  v.  Bates,  11  /  364.  When  a  voter  has  voted 
by  mistake,  he  cannot  withdraw  his  ballot  and  vote  again. — Harbaugh  v. 
Cicott,  33/241. 

Clerks  to  com-  (164)  §  3637.  SEC.  27.  At  each  adjournment  of  the  poll, 
fists. po11  the  clerks  shall,  in  the  presence  of  the  inspectors,  compare 
their  respective  poll  lists,  compute  and  set  down  the  number 
of  votes,  and  in  case  the  same  do  not  agree  shall,  under  the 
direction  of  the  board,  correct  all  mistakes  that  may  be  dis- 
covered, until  such  poll  lists  shall  be  made  in  all  respects  to 
correspond. 


LAWS    RELATING   TO    ELECTIONS.  61 

(165)  §  3638.     SEC.  28.     The    ballot    box    shall    then    be  Care  of  ballot 
opened  and  the  poll  list  placed  therein,  the  box  locked,  and 

at  least  five  minutes  before  the  removal  of  the  same  a  piece 
of  leather  or  canvas  so  placed  as  to  extend  from  the  open- 
ing in  the  lid  of  said  ballot  box  to  the  key  hole  in  such  a 
manner  as  to  completely  cover  both  such  holes,  shall  be 
placed  thereon,  and  the  same  securely  fastened  thereon  with 
sealing  wax  stamped  with  the  official  election  seal  of  such 
township  or  ward,  such  piece  of  leather  or  canvas  and  the 
sealing  wax  to  be  so  arranged  as  to  render  it  impossible  to 
open  either  of  said  holes  without  breaking  said  seal.  The 
key  shall  then  be  delivered  to  one  of  the  inspectors,  the  box  to 
another,  and  the  seal  to  another.  Such  box  shall  not  be 
opened  nor  the  seal  broken  until  the  box  has  been  publicly 
exposed  at  least  five  minutes  before  the  reopening  of  the  poll. 

(166)  §  3639.     SEC.  29.     The   inspector    having   the   key  Return  and 
shall  keep  it  in  his   possession,   and   deliver   it   again  to  the  box"111' 
board  at  the  next  opening  of  the  poll,  and  the  inspector  hav- 
ing the  box  shall  carefully  keep  it  without  opening  or  suffer- 
ing it  to  be  opened,  or  the  seal  thereof  to  be  broken  or  re- 
moved, and  shall  publicly  deliver  it  in  that  state  to  the  board 

of  inspectors  at  the  next  opening  of  the  poll,  when  the  seal 
shall  be  broken  and  the  box  opened,  the  poll  lists  taken  out, 
and  the  box  again  locked. 

(167)  §  3640.     SEC.  30.    No  ballot  shall  be  distributed  by  Distribution 
any  person  other  than  one  of  the  inspectors  of  election,  nor  of  ballots< 
in  any  place  except  within  the  railing  of  the  voting  room,  to 
electors  about  to  vote  and  no  ballot  which  has  not  the  initials 

of  a  member  of  the  board  of  election  written  by  such  mem- 
ber on  the  back  thereof  shall  be  placed  in  the  ballot  box. 

(168)  §  3641.     SEC.  31.     Uniform  printed  instructions  to  Printe/Un- 
voters,  printed  in  large  type  upon  cards,  shall  be  furnished  voters1  tSVe* 
by  the  secretary  of  state  to  the  county  clerk  of  each  county,  furnished- 
containing  any  information  that  will  enable  voters  to  quickly 

make  and  correctly  designate  their  choice,  and  the  county 
clerks  shall  furnish  such  cards  to  the  city  and  township  clerks 
in  the  county.  Such  clerks  shall  furnish  such  cards  to  each 
polling  place,  one  of  which  shall  be  hung  in  each  compart- 
ment, two  in  the  polling  room,  and  three  on  the  outside  of 
the  building  in  which  the  voting  takes  place.  Whenever  the  instructions 
clerk  of  any  county  notifies  the  secretary  of  state  that  the  S 
printed  instructions  are  also  needed  in  a  foreign  language, 
and  such  language  is  stated,  then  it  shall  be  the  duty  of  the 
secretary  of  state  to  furnish  such  printed  instructions  in  such 
foreign  language.  In  case  of  necessity  the  chairman  may  em- 
ploy an  interpreter. 

See   note   to    section    152. 

INTERPRETER:  The  interpreter  cannot  be  allowed  to  remain  within  the 
railing  to  converse  with  the  voters  who  do  not  understand  English. — Att'y 
Gen.  v.  Stillson,  108/419. 


62 


STATE    OF    MICHIGAN. 


Voting  by  in- 
capable 
persons. 


(169)  §  3642.  SEC.  32.  When  an  elector  shall  make  oath 
that  he  cannot  read  English  or  that  because  of  physical  dis- 
ability he  cannot  mark  his  ballot,  or  when  such  disability 
shall  be  made  manifest  to  said  inspectors,  his  ballot  shall  be 
marked  for  him  in  the  presence  of  the  challenger  of  each  po- 
litical party  having  a  challenger  at  such  voting  place  by  an 
inspector  designated  by  the  board  for  that  purpose,  which 
marking  shall  be  done  in  one  of  the  booths. 

See  notes  to  sections  158  and  163. 

DISABLED  VOTERS :  The  provisions  of  this  section  relative  to  the 
marking  of  the  ballots  of  illiterate  or  disabled  voters  are  mandatory. — Att'y 
Gen.  v.  McQuade,  94  /  412 :  McQuade  v.  Furgason,  91  /  438 ;  Att'y  Gen.  v. 
May,  99  /  545.  The  provisions  of  this  section,  with  those  of  section  181, 
are  intended  to  secure  the  entire  secrecy  of  the  ballot,  except  so  far  as 
is  absolutely  necessary  to  enable  such  electors  as  cannot  read  English  to 
have  assistance  in  marking  it.  The  only  test  of  the  ability  of  the  voter 
to  read  English  is  his  oath.  No  other  test  is  permissible,  and  it  is  un- 
lawful for  any  inspector  to  assist  in  marking  a  ballot  for  any  elector,  until 
such  elector  shall  have  first  taken  the  oath. — Att'y  Gen.  v.  May,  99  /  544. 
At  the  expense  of  the  secrecy  of  the  ballot,  the  law  provides  a  method  of 
aiding  electors  who  are  physically  incapacitated  or  unable  to  read  English. 
It  does  not  deprive  those  voters  of  any  right,  but  rather  secures  to  them 
aid  in  voting  intelligently.— Id.  547. 


Unlawful  to 

influence 

voter. 


Voting  for 
more  than  one 
person. 


Spoiled  ballot. 


Board  to  pre- 
serve unused 
ballots. 


Canvass  of 
votes,  how 
conducted. 


(170)  §  3643.     SEC.    33.     It    shall    be    unlawful    for   the 
board,  or  any  of  them,  or  any  person  in  the  polling  room  or 
any  compartment  therewith  connected,  to  persuade  or  to  en- 
deavor to  persuade  any  person  to  vote  for  or  against  any  par- 
ticular candidate  or  party  ticket. 

(171)  §  3644.     SEC.  34.    If  the  elector  votes  for  more  than 
one  candidate  for  the  same  office,  said  ballot  shall  not  be 
counted  for  those  persons,  but  shall  be  as  to  them  null  and 
void.    If  any  elector  inadvertently  spoils-  a  ballot  he  may  ob- 
tain another  from  the  board  by  returning  such  spoiled  ballot 
to  the  board,  who  shall  preserve  the  same  for  return  to  the 
city  or  township  clerk. 

The  only  instance  in  which  an  unnecessary  mark  is  recognized  as  possible 
is  in  above  section,  where  it  is  provided  that,  if  the  elector  votes  for  more 
than  one  person  for  the  same  office,  such  ballot  shall  not  be  counted  for 
those  persons,  but  shall  be,  as  to  them,  null  and  void. — Att'y  Gen.  v.  Glaser, 
102  /  401.  Distinguishing  marks  fraudulently  placed  on  the  ballots  after 
they  were  cast  do  not  vitiate  them. — Att'y  Gen.  v.  Blanck,  107  /  85. 

(172)  §  3645.     SEC.  35.     The  board  of  inspectors  of  elec- 
tion, shall  preserve  the  unused  ballots  together  with  the  bal- 
lots which  have  been  spoiled,  and  return  the  same  to  the  city 
or  township  clerk,  with  a  statement  of  the  number  of  ballots 
used,  and  there  shall  be  given  by  the  clerk  to  the  inspectors 
of  election  a  receipt  therefor,  which  shall  be  filed  with  the 
chairman  of  the  board. 

(173)  §  3646.     SEC.  36.    Immediately  on  closing  the  polls, 
the  board  shall  proceed  to  canvass  the  votes.     Such  canvass 
shall  be  public  and  shall  commence  by  a  comparison  of  the 
poll  lists  and  a  correction  of  any  mistakes  that  may  be  found 
therein  until  they  shall    be    found    or  made  to  agree.     The 
box  shall  then  be  opened  and  the  whole  number  of  ballots 
counted.     If  the  ballots  shall  be  in  excess  of  the  number  of 
the  electors  voting  according  to  the  poll  lists  they  shall  be 
replaced  in  the  box  and  one  of  the  inspectors  shall  publicly 


LAWS    RELATING    TO    ELECTIONS.  63 

draw  out  and  destroy  so  many  ballots    therefrom    unopened 
as  shall  be  equal  to  such  excess.     They  shall  first  select  and  counting  of 
count  the  straight  tickets,  and  give  the  number  to  each  can-  votes- 
didate   voted  for  on    the   straight  ticket.     All    other  tickets 
shall  be  laid   on    the   table  and    counted  in  regular  order  in 
such  subdivisions  thereof  as  may  be  convenient  for  a  prompt 
and  careful  determination  of  the  result  of  such  election.     In  what  ballots 
the  canvass  of    the    votes,  any  ballot  which  is  not  indorsed 
with  the  initials  of  the  inspector  as  provided  in  this  act,  and 
any  ballot  which  shall  bear  any  distinguishing  mark  or  mu- 
tilation shall  be  void,  and  shall  not  be  counted,  and  any  bal- 
lot, or  part  of  a  ballot,  from  which  it  is  impossible  to  deter- 
mine the  elector's  choice  of  candidates  shall  be  void  as  to  the 
candidate   or   candidates    thereby    affected :     Provided,    how-  Proviso. 
ever,  That  all  such  ballots  shall  be  preserved,  marked  by  the 
inspectors  "not  counted"  and  kept  separate  from  the  others 
by  being  tied  or  held  in  one  package  by  a  rubber  band  or 
otherwise. 

See  notes   to   sections   152,   159  and   163. 

IMMEDIATE  CANVAS'S :  The  provisions  for  an  immediate  canvass  of 
the  ballots  were  expressly  designed  to  guard  against  fraudulent  tampering 
with  votes  before  counting. — People  v.  Sackett,  14  /  325.  The  election  law 
is  positive  that  the  official  count  of  the  ballots  shall  be  made  immediately, 
in  public,  and  the  result  ascertained  and  declared  publicly,  and  an  official 
statement  made  of  the  result.— Keeler  v.  Robertson,  27/128-9.  But  the 
neglect  of  the  board  to  complete  the  canvass  on  the  night  of  the  election 
and  the  dating  of  their  report  on  the  next  day  ought  not  to  result  in  the 
disfranchisement  of  the  voters  and  should  not  be  so  held,  except  where  the 
plain  provisions  of  the  statute  require  it. — Att'y  Gen.  v.  Glaser,  102  /  397. 

EXCESS  OF  BALLOTS:  Att'y  Gen.  v.  May,  99/556;  People  v.  Cicott, 
1C  /  283. 

DISTINGUISHING  MARKS:  Att'y  Gen.  v.  May,  99/566:  Att'y  Gen.  v. 
Glaser,  102  /  396 :  Att'y  Gen.  v.  Howcroft,  107  /  85.  The  evident  intent  of 
this  provision  was  to  provide  against  voters  marking  the  individual  ballot 
which  they  cast  in  such  manner  as  to  distinguish  it. — Lindstrom  v.  Can- 
vassers, 94  /  471. 

BALLOTS  FOLDED  TOGETHER  :  Under  the  old  law.  if  two  or  more  bal- 
lots were  found  so  folded  together  as  to  present  the  appearance  of  a  single 
ballot,  both  were  to  be  destroyed :  thus  depriving  the  person  casting  them 
of  his  vote,  whether  the  folding  was  intentional  or  done  by  mistake. — Har- 
baugh  v.  Cicott,  33  /  241. 

DUTIES  MINISTERIAL:  The  duties  of  canvassing  boards  are  simply 
ministerial  ;  their  whole  duty  consists  in  ascertaining  who  are  elected  and 
in  authenticating  and  preserving  the  evidence  of  such  election. — People  v. 
Van  Cleve,  1  /  366.  The  result  of  an  election  is  determined  by  the  ballot. 
The  evidence  contained  therein  is  the  foundation  of  the  statement  to  be 
prepared  by  the  inspectors.  They  cannot  go  behind  the  ballot  to  ascertain 
the  voter's'  qualifications  or  intention. — People  v.  Tisdale,  1  Doug.  59  ;  People 
v.  Woodhull,  14/28:  Keeler  v.  Robertson,  27/116.  The  evidence  of  the 
voter  himself  as  to  his  intention  is  not  admissible. — People  v.  Higgins,  3  / 
233.  See  also  People  v.  Cicott,  16  /  320  ;  People  v.  Board,  11  /  111. 

CANVASS  FINAL  :  The  action  of  the  inspectors  is  final,  when  they  have 
finished  their  count  and  sealed  up  the  ballots.  Every  opening  of  the  ballots 
thereafter,  except  upon  an  election  contest,  when  they  will  be  needed  in 
court,  is  an  unlawful  act  and  cannot  be  made  the  basis  of  official  action. — 
Keeler  v.  Robertson,  27  / 129.  When  inspectors  of  election  have  completed 
their  count  and  executed  and  delivered  their  returns  to  the  proper  officer, 
their  legal  powers  end,  and  any  attempt  on  their  part  to  change  or  modify 
such  returns  in  any  particular  involving  other  than  a  mere  clerical  duty  is 
clearly  beyond  their  powers. — Roemer  v.  Canvassers,  90  /  30. 

(174)  §  3647.  SEC.  37.  After  the  ballots  are  counted 
they  shall,  together  with  one  tally-sheet,  be  placed  in  the  bal-  etc. 
lot  box  which  shall  be  securely  sealed  in  such  a  manner  that 
it  cannot  be  opened  without  breaking  such  seal.  The  ballot 
box  shall  then  be  placed  in  charge  of  the  township  or  city 
clerk,  but  the  keys  of  said  ballot  box  shall  be  held  by  the 


64 


STATE    OF    MICHIGAN. 


How  result 
declared. 


Statement 
of  result. 


chairman  of  the  board  and  the  election  seal  in  the  hands  of 
one  of  the  other  inspectors  of  election. 

(175)  §  3648.  SEC.  38.  Immediately  after  the  count  of 
the  tickets  or  ballots  has  been  completed,  the  result  and  the 
number  of  votes  received  by  each  candidate  or  person  on  the 
ticket  shall  be  publicly  declared  by  one  of  the  inspectors. 
The  inspectors  shall  then  prepare  a  statement  of  the  result 
in  duplicate  showing  the  whole  number  of  votes  cast  for  each 
office,  the  names  of  the  persons  for  whom  sirch  votes  were 
given  and  the  number  each  person  received,  in  which  state- 
ments the  whole  number  of  votes  given  for  each  office  and  the 
number  given  for  each  person  shall  be  written  out  in  words 
at  length.  Such  duplicate  statements,  when  certified  by  the 
inspectors  and  duly  signed  shall  be  delivered  to  the  town- 
ship or  city  clerk,  and  shall  by  said  clerk  be,  within  twenty- 
four  hours  after  the  result  is  declared,  delivered  in  person 
or  immediately  forwarded  by  registered  mail,  one  copy  to  the 
board  of  county  canvassers  in  care  of  the  judge  or  register  of 
probate,  and  the  other,  together  with  one  of  the  original  tally 
sheets,  to  the  county  clerk,  which  said  statements  and  tally 
sheets  shall  be  placed  in  separate  envelopes  and  sealed  by 
said  inspectors  before  their  delivery  to  the  township  or  city 
clerk. 


Powers  and 
duties  of  gate 
keepers. 


Penalty  for 
interference 
with. 


Eligibility  of 
gate  keepers. 


Compensa- 
tion. 


Am.   1901,   Act  214. 

See    Curran    v.    Norris,    58  /  512  ;     Belknap    v.    State     Canvassers,     95  /  155  ; 
Att'y  Gen.  v.   Glaser,   102/397. 

(176)  §  3649.  SEC.  39.  The  gate  keepers  of  elections 
shall  be  peace  officers  at  polling  places,  and  are  hereby  dele- 
gated power  equal  to  constables  for  the  purpose  of  maintain- 
ing peace  and  quiet  at  the  polls  on  election  day.  They  shall 
have  charge  of  and  keep  the  gates  at  polling  places  and  shall 
not  allow  any  person  to  approach  within  the  railing  provided 
for  in  section  sixteen,  except  those  authorized  by  law,  and 
qualified  electors,  whom  they  shall  allow  to  pass  through  the 
gates  and  approach  the  ballot  box  or  boxes  for  the  purpose  of 
voting;  and  they  shall  admit  one  elector  at  a  time  only  to 
vote,  and  shall  cause  said  elector  to  retire  without  the  gate 
and  railing  as  soon  as  he  has  voted;  and  no  person  shall  in 
any  manner  interfere  with  a  gate  keeper  of  election  in  the 
discharge  of  his  duty,  and  it  shall  be  unlawful  for  the  gate 
keepers  to  aid,  assist,  suggest,  advise  or  entreat  an  elector  to 
prepare  his  ballot  in  a  particular  manner,  or  to  coerce  or  at- 
tempt to  coerce  an  elector  in  any  w'ay  to  vote  or  to  refrain 
from  voting  for  any  particular  person  or  party.  No  person 
shall  be  eligible  to  fill  the  office  of  gate  keeper  of  election  on 
any  election  day  when  his  name  shall  be  on  any  ticket  at 
said  election.  Gate  keepers  of  [elections]  election  shall  be 
at  the  polling  place  at  the  opening  of  the  polls,  and  shall 
remain  there  until  the  closing  of  the  polls,  and  shall  receive 
as  compensation  two  "dollars  per  day  for  each  day's  work 
while  actually  engaged. 


LAWS    RELATING    TO    ELECTIONS.  65 

(177)  §  3650.     SEC.  40.     No   election    shall  be  held,  nor  Hec^ons^haii 
shall  any  election  be  appointed  to  be  held  in  any  saloon  or  in0saioones. 
barroom,   or  in   any   room   or  place  contiguous  with  or  ad- 
joining thereto.    Should  any  place  be  designated  or  appointed  When  inspect- 
for  holding  an  election  in  violation  hereof,  or  become  subject  polling  place, 
to  such  objection  after  having  been  so  designated,  the  inspec- 
tors of  election  shall  have  power,  and  it  shall  be  their  duty, 

on  or  before  the  day  of  such  election,    and    before  the  open- 
ing of  the  polls  on  such  day,  to  procure  a  suitable  place  as 
near  thereto  as  may  be,  not  subject  to  like  objection.     Said  Jn|Ptec^Pcrs  to 
inspectors  shall  meet  at  the  place  first  designated  at  the  time  m 
for  opening  the  poll,  and  after  any  vacancies  in  their  num- 
ber shall  have  been  filled,  adjourn  to  the    place  chosen  by 
them,  and  at  the  time  of  said  adjournment,  give  public  notice  Notice  of 
to  the  electors  present  by  proclamation  of  such  change,  and  cl 
post  in  a  conspicuous  manner  notice  of  the  place  where  such 
election  shall  be  held,  and  all  expense  attending  such  change 
shall  be  certified  by  said  inspectors  to  the  proper  authorities 
and  shall  be  allowed  and  paid  accordingly. 

The  adjournment  of  an  election  in  good  faith  from  one  polling  place  to 
another  is  at  most  an  irregularity,  unless  it  prevents  persons  from  voting 
or  prejudices  the  rights  of  candidates:  and  such  an  irregularity  will  not 
sustain  proceedings  in  the  nature  of  quo  warranto  against  the  successful 
candidate,  in  the  absence  of  any  showing  that  if  the  change  had  not  been 
made  the  result  would  have  been  different. — Farrington  v.  Turner,  53  /  27. 

(178)  §  3651.     SEC.  41.    Any  person  or  persons  introduc-  Liquors,  bring- 
ing in  any  way,  upon  election  day,  into  the  building  where  SSdemeanor* 
an  election  is  being  held,  any  spirituous  or  malt  liquors,  and 

any  inspector  or  clerk  of  election  drinking  any  such  liquors 

in  such  place,  or  being  intoxicated  therein  upon  election  day, 

shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic-  Penalty  for. 

tion  thereof  before  any  court  of  competent  jurisdiction,  shall 

be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or 

by  imprisonment  not  exceeding  sixty  days,  or  by  both  such 

fine  and  imprisonment,  in  the  discretion  of  the  court. 

(179)  §  3652.     SEC.  42.    The  board  of  election  may  make  Time  voter 
such  regulations  as  they  deem  proper,    limiting  the  time  in  iSYooth1^" 
which  an  elector  may  remain  in  the  room  or  booth  while  pre- 
paring and  voting  his  ballot;  such  limitation,  however,  shall 

not  be  less  than  one  nor  more  than  five  minutes. 

See  section  561. 

The  provisions  of  this  section  authorizing  the  board  of  elections  to  limit 
the  time  which  a  voter  may  remain  in  the  room  or  booth  while  preparing 
and  voting  his  ballot  is  applicable  to  elections  in  cities  as  well  as  towns, 
and  it  is  the  imperative  duty  of  such  boards  to  limit  the  time  as  provided 
in  said  section. — Common  Council  v.  Bush,  82/533. 

(180)  §  3653.     SEC.  43.     It  shall  not  be  lawful  for  any  Unlawful  for 
candidate  for  any  elective  office  with  intent  to  promote  his  afd  h^eiec-0 
election,  or  for  any  other  person  with  intent  to  promote  the  J^nner certain 
election  of  any  such  candidate  either: 

First,  To  provide  or  furnish  entertainment  at  his  expense 
to  any  meeting  of  electors  previous  to  or  during  the  election 
at  which  he  [shall]  may  be  a  candidate;  or 

9 


66 


STATE    OP    MICHIGAN. 


Violation  of 
act  to  be 
felony. 


Second,  To  pay  for,  procure,  or  engage  to  pay  for  any  such 
entertainment;  or 

Third,  To  contribute  money  for  any  other  purpose  intended 
to  promote  an  election  of  any  particular  person  or  ticket, 
except  for  the  defraying  the  expenses  of  office  room  or  hall 
rent,  postage,  stationery  and  clerk  hire,  music  at  public  meet- 
ings, the  pay  and  expense  of  public  speakers,  transportation 
of  committeemen,  the  pay  of  challengers  at  the  polls  and  of 
persons  to  inspect  the  registration  of  voters  and  of  persons 
employed  to  make  lists  of  the  votes  in  election  precincts, 
and  of  printing,  and  the  circulation  of  handbills  and  other 
papers  previous  to  any  such  election,  or  for  conveying  electors 
to  the  polls. 

Section  44  is  repealed  by  Act  61  of  1901. 

(181)  §  3655.     SEC.  45.    Any  person  who  shall  knowingly 
violate  any  of  the  provisions  of  this  act,  or  shall  wilfully 
neglect  or  refuse  to  perform  any  duty  enjoined  upon  him  here- 
by, or  shall  disclose  to  any  other  person  the  name  of  any  can- 
didate voted  for  by  any  elector,  the  contents  of  whose  ballot 
shall  have  been  seen  by  such  person,  or  shall  in  any  manner 
obstruct  or  attempt  to  obstruct  any  elector  in  his  exercise 
of  his  duties  as  such  elector  under  this  act,  shall  be  deemed 
guilty  of  a  felony,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment in  the  state  prison  not  exceeding  two  years,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

McLaughlin  v.  Burroughs,  90  /  314 ;  Att'y  Gen.  v.  McQuade,  94  /  442 ; 
Att'y  Gen.  v.  May,  99/544. 

Section  46  repeals  all  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act. 

(182)  §  3656.     SEC.  47.    At  the  general  election  to  be  held 
in  this  state  on  the  first  Monday  of  April,  eighteen  hundred 
and  ninety-three,  or  in  any  second  year  thereafter,  the  polls 
of  such  election  in  townships  and  cities,  shall,  for  all  pur- 
poses, open  and  close  at  the  times  herein  prescribed  for  the 
opening  and  closing  of  polls,    anything    in  act    number  one 
hundred  and  ninety-four  of  the  public  acts  of  eighteen  hun- 
dred and  ninety-one,  or  in  any  other  statute,  local  or  general, 
to  the  contrary  notwithstanding:     Provided,  That  this  sec- 
tion shall  not  be  construed  as  forbidding  a  noon  adjournment 
in  townships. 


Penalty. 


Opening  and 
closing  of 
polls. 


Proviso. 


Constitutional 
amendments 
on  separate 
ballot. 


For   Act   194    of   1891,   see    sections   227,    229. 


(183)  §  3657.  SEC.  48.  Whenever  any  constitutional 
amendments  or  other  questions  are  proposed  to  be  submitted 
to  the  electors,  the  board  of  election  commissioners  of  each 
county  shall  cause  them  all  to  be  printed  on  one  ballot,  sepa- 
rate and  distinct  from  the  ballot  containing  the  names  of 
nominees  for  public  office,  the  substance  of  ^aeh  amendment 


LAWS  RELATING  TO  ELECTIONS.  67 

or  other  question  to  be  clearly  indicated  upon  said  ballot  by 
a  suitable  designation  in  distinct  and  easily  legible  type,  with 
the  words  "yes"  and  "no"  printed  below  it  in  separate  lines. 
The  elector  shall  designate  his  vote  on  each  separate  ques-  How  vote 
tion  submitted  by  a  cross  mark  (X)  placed  opposite  the  word 
"yes"  or  the  word  "no"  under  such  question  in  a  suitable 
place  provided  therefor.  The  said  ballots  shall  be  of  uni- 
form size  and  of  the  same  quality  of  white  paper,  and  suffi- 
ciently thick  that  the  printing  cannot  be  distinguished  from 
the  back.  They  shall  be  delivered  to  the  inspectors  and  elect- 
ors, and  voted  and  canvassed  in  all  respects  in  the  same 
manner  and  subject  to  the  same  regulations,  restrictions  and 
penalties  heretofore  provided  in  this  chapter  for  the  ballots 
containing  the  names  of  the  nominees  for  public  offices,  except 
that  separate  ballot  boxes  shall  be  kept  and  used,  the  box  HOW  ballot 
for  the  deposit  of  the  ballots  for  nominees  being  designated  b< 
by  the  words  "public  officers,"  plainly  printed  or  painted 
thereon,  so  as  to  be  readily  seen  by  each  elector,  and  the  box 
for  the  deposit  of  ballots  for  constitutional  amendments  and 
other  questions  to  be  designated  by  the  words  "propositions 
submitted"  in  the  same  manner. 

See  sections  583-4. 


AN  ACT  TO  PROVIDE  FOR  HOLDING  GENERAL  AND  SPECIAL 

ELECTIONS. 

(CONTINUED.) 

[Act   175   of  1851.] 

POLL  LISTS. 

(184)  §  3661.     SEC.   42.     One  of  the  poll   lists  shall   be  Poll  lists  to  be 
delivered  to  the  township  clerk,  and  the  other  to  the  county 

clerk,  which  lists  shall  be  filed  and  preserved  by  them  in  their 
respective  offices.  In  a  city,  the  ballots,  and  one  of  such  poll 
lists  and  statements,  shall  be  delivered  to  the  city  clerk,  and 
shall  be  kept  and  preserved  by  him. 

Disposition   of   tally   sheets  and   inspectors  statements,   see   section   175. 

Sections  43  to  48  of  this  act  relate  to  the  board  of  county  canvassers,  Its 
organization  and  meeting,  and  are  deemed  to  have  been  superseded  by  Act 
149  of  1895.  For  this  act  of  1895,  see  sections  236-248. 

STATEMENTS    OF   CANVASS. 

(185)  §  3675.     SEC.  49.    They,  shall  make  a  separate  state-  separate 
ment,  containing  the  whole  number  of  votes  given  in  such  SSS'fS*^- 
county,  for  the    offices  of   governor,  lieutenant  governor,  sec-  tain  offices, 
retary  of  state,  state  treasurer,  auditor  general,  attorney  gen- 
eral, superintendent  of    public    instruction,    commissioner  of 

the  state  land  office,  and  members  of  the  state  board  of  edu- 
cation, the  names  of  the  persons  to  whom  such  votes  were 


68 


STATE    OF    MICHIGAN. 


Idem. 


given,  and  the  number  of  votes  given  to  each ;  another  similar 
statement  of  the  votes  given  for  electors  of  president  and 
vice  president  of  the  United  States,  each  year  in  which  such 
electors  are  to  be  chosen;  another  similar  statement  of  the 
votes  given  for  representative  in  congress;  another  of  the 
votes  given  for  senator,  when  the  county  alone  does  not  con- 
stitute a  senatorial  district;  another  of  the  votes  given  for 
representative  in  the  state  legislature,  when  the  county  alone 
does  not  constitute  a  representative  district;  another  of  the 
votes  given  for  senator  or  representative,  when  the  county 
alone  constitutes  but  one  senatorial  or  representative  dis- 
trict ;  and  another  of  the  votes  given  for  county  officers. 

(186)  §  3076.     SEC.  50.     The  several  senatorial  and  rep- 
resentative district  canvassers  shall,   where  a   county  is  di- 
vided for  such  purposes,  also  make  a  statement  of  the  whole 
number  of  votes  given  in  each  respective  district  for  the  office 
of  senator  or  representative,  or  both,  as  the  case  may  be, 
which  several  statements  shall  set  forth  the  number  of  each 
of  such  districts,  the  number  of  votes  given  to  each  of  the  per- 
sons voted  for  in  each  of  such  districts,  respectively. 

(187)  §  3677.     SEC.  51.     In  each  of  said  statements,  the 
whole  number  of  votes  given,  the  names  of  the  candidates, 
and  the  number  of  votes  given  to  each,  shall  be  written  out 
in  words  at  length;  and  each  statement  shall  be  certified  as 
correct,  and  attested  by  the  signatures  of  the  chairman  and 
secretary  of  the  respective  boards,  and  a  copy  of  each,  thus 
certified  and  attested,  shall  be  delivered  to  the  county  clerk, 
and  recorded  by  him  in  a  suitable  book,  to  be  provided  by 
him  for  that  purpose,  at  the  expense  of  the  county,  and  kept 
in  his  office. 


What  state- 
ment to  con- 
tain. 


Statement  to 
be  recorded, 
etc. 


Determina- 
tion by  board 
of  persons 
elected. 


Proviso. 


Proceedings 
when  two  or 
more  persons 
have  equal 
number  of 
votes. 


Rich   v.    State   Canvassers,    100/461. 

(188)  §  3678.  SEC.  52.  The  county  and  district 
boards  shall  then  determine  the  persons  who  have  been,  by  the 
greatest  number  of  votes,  elected  to  the  county  offices,  and 
members  of  the  legislature,  when  the  county  alone  constitutes 
one  or  more  senatorial  or  representative  districts,  and  such  de- 
terminations <shall  be  certified  and  attested  by  the  chairman 
and  secretary  of  the  respectives  boards,  and  be  annexed  to  the 
statement  of  votes  given  for  such  officers  respectively,  and 
shall  be  recorded  with  such  statements  by  the  county  clerk 
in  his  office:  Provided,  That  in  elections  for  members  of  the 
legislature,  or  county  officers,  if  it  shall  appear  on  the  legal 
canvass  of  the  votes  polled  at  such  election,  that  two  or  more 
persons  have  received  an  equal  number  of  votes  for  the  same 
office,  and  that  a  failure  to  elect  to  any  office  is  caused  there- 
by, such  persons  shall  proceed  to  draw  lots  for  the  election 
to  said  office  in  the  following  manner:  The  board  of  can- 
vassers for  the  county  or  district  in  which  such  election  was 
held  shall  appoint  a  day  for  the  appearance  of  all  such  per- 
sons before  the  proper  officer  hereinafter  provided,  for  the 


LAWS    RELATING   TO    ELECTIONS.  69 

purpose  of  determining  by  lot  among  such  persons  the  right 
to  such  office,  and  shall  cause  notice  thereof  to  be  given  to  all 
such  persons  interested.  The  officer  before  whom  such  draw- 
ing is  to  take  place  shall  prepare  as  many  slips  of  paper  as 
there  are  such  persons,  and  write  the  word  "elected"  on  as 
many  slips  of  paper  as  there  are  offices  to  be  filled,  and  the 
words  "not  elected"  on  the  remaining  slips,  and  fold  the  same 
so  as  to  conceal  the  writing,  and  so  that  they  may  appear  as 
nearly  alike  as  possible.  Said  slips  shall  be  placed  in  a  box, 
and  at  the  time  and  place  appointed  for  the  drawing  of  said 
lots,  each  of  such  persons  aforesaid  may  draw  one  of  said 
slips  from  the  box;  and  any  such  person  drawing  a  slip  on 
which  is  written  the  word  "elected,"  shall  be  deemed  legally 
elected  to  the  office  in  question;  and  the  officer  conducting 
such  drawing  shall  forthwith  give  him  a  certificate  of  such 
election.  If  the  drawings  under  the  provisions  of  this  section 
are  for  the  office  of  senator  or  representative  in  the  state  leg- 
islature, and  the  district  exceeds  the  limits  of  a  single  county, 
then  the  drawing  shall  take  place  before  the  county  clerk  of 
the  county  where  the  district  canvass  is  held;  in  all  other 
cases  before  the  county  clerk  of  the  county  where  each  case 
shall  arise:  Provided  further,  That  in  cases  where  the  office  Proviso. 
of  county  clerk  is  in  question,  the  drawing  shall  take  place 
before  the  sheriff  of  the  county. 

DUTIES  MINISTERIAL:  As  to  the  ministerial  nature  of  the  duties  of 
canvassing  boards,  see  note  to  section  173. 

DETERMINATION  OF  ELECTION:  No  one  is  elected  to  an  office  unless 
he  receives  more  votes  than  any  other  person,  whether  there  is  in  fact  any 
such  other  person  in  existence  who  can  take  the  office.  A  minority  candi- 
date can  never  be  deemed  elected. — People  v.  Molitor,  23  /  342.  The  deter- 
mination and  statement  of  the  board  of  canvassers  are  not  a  judgment,  nor 
are  they  conclusive.  The  statement  is  but  prima  facie  evidence  and  in  a 
contested  election  a  party  may  go  behind  it.  The  county  canvass  may  be 
corrected  by  the  township  canvasses  and  those  by  the  ballots  themselves. — 
People  v.  VanCleve,  1  /  364  ;  People  v.  Cicott,  16  /  283  ;  Keeler  v.  Robertson, 
27  /  116  ;  Harbaugh  v.  Cicott,  33  /  251.  It  is  true  that  the  certificate  of  the 
canvassers  is  the  authority  upon  which  the  person  who  receives  it  enters 
upon  his  office  and  it  is  to  him  prima  facie  evidence  of  his  title  thereto. 
Whether  rightfully  or  wrongfully  given  by  the  canvassers,  it  confers  the 
right  to  hold  the  office  until  that  right  is  voluntarily  surrendered  or  de- 
feated by  a  judicial  determination  against  it. — People  v.  Van  Cleve,  1  /  366  ; 
People  v.  Mayworm,  5  / 146 ;  People  v.  Miller,  16  /59.  See  Wayne  Auditors 
v.  Benoit,  20  /  176  ;  People  v.  Marion,  29  /  38. 

DRAWING  LOTS  :  This  provision  of  law  cannot  be  construed  as  a  regu- 
lation under  the  power  of  the  legislature  to  declare  and  fill  vacancies ;  it 
applies  to  cases  where  no  vacancy  in  fact  exists.  The  result  reached,  when 
followed  by  a  formal  drawing,  is  not  conclusive  upon  the  candidates  and  the 
public ;  and  the  effect  to  be  given  to  a  certificate  granted  under  these  pro- 
visions is  no  greater  than  to  one  granted  under  other  provisions.- — Keeler 
v.  Robertson,  27  /  116.  In  case  of  the  inability  of  the  sheriff  to  conduct  a 
drawing  it  may  be  conducted  by  his  deputy. — Evans  v.  Sutherland,  41  /  177. 

(189)     §  3679.    SEC.  53.    The  said  board  shall,  without  de-  Duplicate 
lay,  make  a  duplicate  statement  of  the  votes  given  for  sena-  vof 
tor,  when  the  county  alone  doesi  not  constitute  a  senatorial  ator' etc 
district,  and  deliver  the  same  to  the  clerk  of  the  county,  to  be 
delivered  by  him  to  the  senatorial  district  canvassers.     Said 
board  shall  also  make  a  duplicate  statement  of  votes  given 
for  representative  in  the  state  legislature,  when  the  county 
alone  does  not  constitute  a  representative  district,  and  deliver 


70  STATE    OF    MICHIGAN. 


the  same  to  the  said  clerk,  to  be  by  him  delivered  to  the  rep- 
resentative district  canvassers. 

Section  54  is  superseded  by  section  6,  Act  149  of  1895,   see  section  241  of 
this    compilation. 

Rich  v.  Bd.   of  Canvassers,  100/461. 

certificate  of  (190)  §  3680.  SEC.  55.  He  shall  also  prepare  as  many 
S'pSS11011  certified  copies  of  each  certificate  of  the  determination  of  the 
elected.  board  of  county  canvassers,  as  well  as  of  the  several  district 

canvassers,  if  such  county  shall  be  divided  for  representa- 
tive purposes,  as  there  are  persons  declared  in  such  certifi- 
cates to  be  elected,  and  shall,  without  delay,  deliver  one  of 
such  copies  to  each  person  so  declared  to  be  elected. 

"He"  refers  to  the  county  clerk. 
Hilton  v.   Common  Council,   112/500. 

cierk^trans-       (191)      §  3681.     SEC.  56.     The  county  clerk  shall,  within 
resentsati°vesep~  thirty  days  after  a  general  election,  transmit  to  the  secretary 
ficersc°tonsec?ef:  of  state  at  Lansing,  a  list  of  the  members  of  the  legislature, 
tary  of  state,    elected  in  the  county,  designating  both  the  senators  and  repre- 
sentatives by  their  respective  districts,  and  also  a  list  of  all 
the  county  officers  elected  in  such  county  at  such  election  to- 
gether with   the  respective  postoffice  addresses  of  all  such 
senators,  representatives,  and  county  officers. 

InTlgSnst  (192)  §  3682*  SEC*  57'  Whenever  any  amendment  shall 
amendment  to  have  been  proposed  to  the  constitution,  and  agreed  to,  and 
constitution.  SUDmitted  to  the  people,  pursuant  to  the  provisions  of  the 
constitution,  the  votes  of  the  electors  for  and  against  such 
amendments  shall  be  taken,  canvassed,  certified,  and  re- 
corded, and  certified  copies  of  the  statement  thereof  shall  be 
made  and  transmitted  by  the  several  county  clerks  to  the 
governor,  secretary  of  state,  and  state  treasurer,  within  the 
same  time  and  in  the  same  manner  as  the  votes  for  state  offi- 
cers are  by  law  required  to  be  taken  and  canvassed,  and  the 
statements  thereof  to  be  certified,  recorded,  and  transmitted. 
But  when  any  proposed  amendment  shall  be  submitted  to  the 
people  at  a  spring  election,  the  county  canvass  thereof  shall 
be  on  the  second  Tuesday  succeeding  such  election. 

Att'y    Gen.    v.    Jochim,    99  /  358 ;    Rich    v.    State    Canvassers,    100  /  461. 

of  banking  (193)     §  3683.     SEC.  58.     Whenever  any  banking  law  for 

m?nt°rSSreto".  banking  purposes,  or  amendments  thereof,  shall  have  been 
passed  by  the  legislature,  approved  by  the  governor,  and  sub- 
mitted to  the  people,  pursuant  to  the  provisions  of  the  con- 
stitution, if  the  vote  thereon  shall  be  required  to  be  taken  at 
a  general  election,  the  votes  of  the  electors  for  and  against 
such  banking  law,  or  amendment  thereof,  shall  be  taken,  can- 
vassed, certified,  and  recorded,  and  certified  copies  of  the 
statements  thereof  shall  be  made  and  transmitted  by  the  sev- 
eral county  clerks  to  the  governor,  secretary  of  state,  and 
state  treasurer,  at  the  same  time  and  in  the  same  manner  as 
the  votes  for  state  officers  are  by  law  required  to  be  taken  and 


LAWS  RELATING  TO  ELECTIONS.  71 

canvassed,  and  statements  thereof  to  be  certified,  recorded, 
and  transmitted. 

The  constitution  does  not  now  require  amendments  to  the  general  banking 
law  to  be  submitted  to  the  people.     Const.  Art.  xii,  sec.  9. 

DISTRICT    CANVASS. 

(194)  §  3684.     SEC.  59.     In  each  election  district  for  the  District  can- 
election  of  a  senator  or  representative  in  the  state  legislature,  V! 

the  limits  of  which  shall  be  greater  than  those  of  a  county, 
there  shall  be  a  board  of  district  canvassers,  and  the  clerks 
of  the  several  counties  within  the  district,  the  judge  of  pro- 
bate, and  the  sheriff  of  the  county  in  which  the  meetings  of 
the  board  are  to  be  held,  shall  constitute,  such  board. 

(195)  §  3085.     SEC.   60.     Any  three  of  said  canvassers  Quorum  of 
shall  be  a  quorum  for  the  transaction  of  the  business  of  said  board- 
board;  and  in  case  there  shall  not  be  three  of  the  members 

of  such  board  present  at  any  such  meeting,  the  register  of 
deeds  or  the  county  treasurer  of  the  county  where  any  such 
meeting  is  appointed  to  be  held,  or  both  of  them,  may  act  as 
members  of  such  board;  and,  with  the  other  members  in  at- 
tendance, shall  constitute  a  board  of  not  less  than  three  in 
number. 

(196)  §  3686.     SEC.  61.    The  board  shall  meet  in  the  dis-  Times  and 
trict  for  the  election  of  a  representative  in  the  state  legisla-  meeting! 
ture,  on  the  Tuesday  next  after  the  day  on  which  the  county 
canvass  is  appointed  to  be  made,  and  in  districts  for  the  elec- 
tion of  senators,  on  the  third  Tuesday  after  the  county  can- 
vass, at  the  office  of  the  clerk  of  the  county  in  such  district 
having  the  greatest  number  of  inhabitants,  according  to  the 

last  preceding  census,  unless  otherwise  provided  by  law. 

See    sections    584-586. 

(197)  §  3687.     SEC.   62.     If  either  of  the  county  clerks  Original  state- 
shall  be  unable  to  attend  such  canvass  on  the  day  appointed  STbefore6 
therefor,  he  shall,  on  or  before  that  day,  cause  to  be  delivered  board- 

at  the  office  of  the  clerk  of  the  county  in  which  such  meeting 
is  to  be  held,  the  original  statement  of  votes  given  in  his 
county  for  the  officer  to  be  elected  in  such  district,  which 
statement  shall  be  laid  before  said  board. 

(198)  §  3688.     SEC.  63.     The  canvassers  shall  then  pro-  Proceedings 
ceed  to  examine  the  statement  of  the  votes  given  in  the  sev-  of  canvassers- 
eral  counties  in   the  district,   and  ascertain   and  determine 

what  persons  have  been  elected,  and  to  what  offices,  and  shall 
draw  up  a  statement  thereof  in  words  at  length,  which  state- 
ment shall  contain  the  whole  number  of  votes  given  in  the 
district  for  each  office,  and  the  names  of  the  persons  to  whom 
such  votes  were  given;  and  such  statement  shall  be  certified 
to  be  correct,  and  to  be  subscribed  by  the  said  canvassers,  or 
a  majority  of  them. 


72 


STATE    OF    MICHIGAN. 


Board  to  de- 
termine per- 
sons elected, 
and  deliver 
certificate  to 
county  clerk. 


Duty  of 
county  clerk 
in  relation 
to  statement, 
etc. 


(199)  §  3689.     SEC.  64.    The  canvassers  shall  then  deter- 
mine the  persons  elected  to  the  several  offices  within  the  dis- 
trict, as  shall  appear  by  such  statement,  and  shall  certify 
such  determination  under  their  hands,  and  annex  the  same  to 
their  said  statement,  and  deliver  the  same  to  the  clerk  of  the 
county  in  which  their  meeting  shall  be  held,  who  shall  file  the 
same  in  his  office;  and  said  board  shall  cause  a  copy  of  such 
statement  and  certificate  to  be  forthwith  published  in  some 
newspaper  printed  in  the  district. 

In  canvassing-  the  votes  for  state  senator,  the  board  has  no  jurisdiction 
to  determine  whether  a  candidate  was  ineligible  because  holding  the  office 
of  prosecuting  attorney,  and  reject  votes  cast  for  such  ineligible  candidate. 
— Att'y  Gen.  v.  Bd.  of  Canvassers,  155  /  44. 

(200)  §  3690.     SEC.  65.     The  county  clerk,  by  whom  the 
said  statement  and  certificate  thereto  annexed  shall  be  filed, 
shall,  without  delay,   transmit  by  mail  to  the  secretary  of 
state,  a  copy  of  such  statement  and  certificate  of  determina- 
tion, certified  by  him  under  his  hand  and  seal  of  office;  and 
he  shall   also,  without  delay,   prepare  and  certify  as  many 
copies  of  such  certificate  of  determination  as  there  are  per- 
sons stated  therein  to  have  been  elected,  and  cause  one  of 
said  copies  to  be  delivered  to  each  person  so  determined  to 
be  elected. 

See  section  249  which  provides  a  special  canvass  of  votes  cast,  to  fill 
vacancies  in  office  of  state  senator  and  representative,  during  a  session  of 
the  legislature. 


State 
canvassers. 


Secretary  of 
state  to 
record  state- 
ments. 


STATE   CANVASS. 

(201)  §  3692.     SBC.  66.     The  secretary  of  state,  the  state 
treasurer,  and  the  commissioner  of  the  state  land  office  shall 
constitute  the  board  of  state  canvassers,  any  two  of  whom 
shall  be  a  quorum  for  the  transaction  of  business;  and  if 
only  one  of  said  officers  shall  attend  on  the  day  appointed 
for  a  meeting  of  the  board,  the  auditor  general,  on  being 
notified  by  the  officer  so  attending,  shall,  without  delay,  at- 
tend with  such  officer,  and  with  him  shall  form  the  board. 

STATE  CANVASSERS:  See  sections  34  and  75.  The  only  duties  of  the 
board  of  state  canvassers  are  to  canvass  the  returns  and  determine  and 
certify  the  result  of  elections.  Theirs  is  the  culminating  act  of  the  army 
of  persons  who  have  had  to  do  with  the  receiving  and  counting,  recording  and 
transmitting,  of  the  votes  which  signify  the  will  of  the  people.  Their  duties 
are  specifically  pointed  out.  The  times  when  they  are  to  meet  are  pro- 
vided by  law.  No  provision  is  made  for  deputies  or  clerks,  but  all  goes 
to  show  that  this  important  duty  is  to  be  performed  by  them  in  person, 
as  the  certificate  signed  by  them  asserts.  It  is  not  confided  to  inferior  offi- 
cials, but  to  three  of  the  state  officers  of  greatest  dignity  and  importance. 
— Att'y  Gen.  v.  Jochim,  99  /  376. 

(202)  §  3693.    SEC.  67.    The  secretary  of  state,  on  the  re- 
ceipt of  the  certified  copies  of  the  statement  of  votes  given  in 
the  several  counties,  directed  by  law  to  be  sent  to  him  by  the 
county  clerks,  shall  record  the  same  in  a -suitable  book  to  be 
kept  by  him  for  that  purpose;  and  if  from  any  county  clerk 
no  such  statement  shall  have  been  received  by  the  secretary 
of  state,  on  or  before  the  second  Monday  of  December  next 


LAWS    RELATING   TO    ELECTIONS.  73 

after  a  genera]  election,  and  on  or  before  the  thirtieth,  day  whentocaii 
after  a  special  election,  he  shall  call  upon  the  governor  and  andgstVaten°r 
state  treasurer,  and  receive  from  them,  or  either  of  them,  the  statement!01 
statement  from  such  county  [clerk],  if  the  governor  or  state 
treasurer  shall  have  received  such  statement. 

The  word  "dork"  in  the  next  to  the  last  line  does  not  appear  ill  the 
original  print  of  this  act :  but,  since  the  context  requires  the  word  and  it 
has  been  inserted  in  the  former  compilations,  it  has  been  allowed  to  remain 
in  this. 

Newton  v.   Board  of  Canvassers,  94  /  455. 

(203)  §  3694.     SEC.  2.    The  secretary  of  state,  on,  the  re-  |eactreto%°fag. 
ceipt  of  the  certified  copies  of  the  statement  of  votes  given  in  gregate  vote, 
the  several  counties,  directed  by  law  to  be  sent  to  him  by  the 

county  clerks,  shall  make  a  record  of  the  aggregate  number 
of  votes  given  for  each  person  in  the  several  counties,  in  a 
suitable  book  to  be  kept  by  him  for  that  purpose,  and  shall 
place  on  file  and  preserve  such  certified  copies  in  his  office. 

NOTE. — The  above  section  is  the  amended  sec.  2,  Act  17  of  1853,  entitled 
"An  act  to  amend  section  2  of  chapter  9  of  the  revised  statutes  of  1846." 
The  general  election  act  of  1851  is  believed  to  have  superseded  chap.  9,  to- 
gether with  other  chapters  of  the  revision  of  1846.  But  this  amendatory 
section  2  of  said  chap.  9,  was  retained  by  Judges  Cooley,  Dewey  and  Howell 
and  is  here  inserted,  as  it  contains  some  requirements  not  in  the  act  of  1851. 

(204)  §  3695.     SEC.   68.     If,  from  any  county  clerk,  no  wheruo  can 
such  statement  shall  have  been  received  by  the  secretary  of  clerk  for 
state,  the  governor,  nor  the  state  treasurer,  within  the  times  statement- 
limited,  the  secretary  of  state  shall  forthwith  send  a  special 
messenger  to   obtain  such   statements  and   certificates  from 

such  county  clerk ;  and  such  clerk  shall  immediately,  on  de- 
mand being  made  by  such  messenger  at  his  office,  make  out 
and  deliver  to  him  the  statements  and  certificates  required. 

Rich   v.    State   Canvassers,    100/461. 

(205)  §  3696.     SEC.  69.     For  the  purpose  of  canvassing  secretary  to 
and  ascertaining  the  result  of  elections,  other  than  for  elec- 

tors  of  president  and  vice  president,  the  secretary  of  state  etc 
shall  appoint  a  meeting  of  the  state  canvassers,  to  be  held  at 
his  office,  on  or  before  the  fifteenth  day  of  December  next 
after  a  general  election,  and  within  forty  days  after  a  special 
election,  and  shall  notify  the  other  members  of  the  board  of 
the  same. 

Newton   v.    Canvassers,   94  /  457. 

(206)  §  3697.     SEC.   70.     The  said  board  of  canvassers,  Duty  of  board 
when  formed  as  aforesaid,  shall  examine  the  statements  re- 

ceived  by  the  secretary  of  state,  of  the  votes  given  in  the  sev- 
eral counties,  and  make  a  statement  of  the  whole  number  of 
votes  given  for  the  offices  of  governor,  lieutenant  governor, 
secretary  of  state,  state  treasurer,  auditor  general,  attorney 
general,  superintendent  of  public  instruction,  commissioner 
of  the  state  land  office,  and  members  of  the  state  board  of 
education,  which  statement  shall  show  the  names  of  the  per- 


74  STATE    OP   MICHIGAN. 


,sons  to  w;hom  such  votes  shall  have  been  given  for  either  of 
the  said  offices,  and  the  whole  number  of  votes  given  to  each 
of  such  persons. 

Att'y  Gen.  v.  Jochim,  99/377;  Rich  v.   State  Canvassers,  100/458. 

idem.  (207)      §  3698.     SEC.  71.     The  said  board  shall  also  pro- 

ceed to  examine  the  statements  received  by  the  secretary  of 
state,  of  the  votes  given  in  the  several  counties,  and  make  a 
statement  of  the  whole  number  of  votes  given  for  the  office  of 
representative  in  congress  in  each  congressional  district; 
which  statement  shall  show  the  names  of  the  persons  to  whom 
such  votes  shall  have  been  given  for  saM  office,  and  the  whole 
number  of  votes  given  to  each  person  in  each  respective  dis- 
trict. 

Where  the  board  of  state  canvassers  canvassed  the  votes  for  an  office, 
from  the  returns  before  them,  some  of  which  are  afterwards  declared  in- 
valid, and  valid  ones  made  and  returned  after  their  successors  have  entered 
upon  their  duties,  It  is  the  duty  of  the  new  board  of  state  canvassers  to  can- 
vass the  new  returns. — Belknap  v.  Board  of  Canvassers,  95  /  155. 

Rich  v.  State  Canvassers,  100/458. 

Certificate  (208)     §  3699.     SEC.  72.    The  said  canvassers  shall  certify 

t?onetermina"  eac^  statement  made  by  them  to  be  correct,  and  subscribe 
their  names  thereto;  and  they  shall  thereupon  determine 
what  persons  have  been,  by  the  greatest  number  of  votes,  duly 
elected  to  each  respective  office,  and  make  and  subscribe  on 
each  statement  a  certificate  of  such  determination,  and  de- 
liver the  same  to  the  secretary  of  state. 

Att'y  Gen.  v.  Jochim,  99  /  377  ;  Rich  v.  State  Canvassers,  100  /  458.  The 
determination  of  the  board  is  final.  In  case  their  determination  is  contested, 
the  legislature  only  can  decide. — Royce  v.  Goodwin,  22  /  501.  As  to  when 
a  new  board  can  be  compelled  by  mandamus  to  convene  after  the  old  board 
has  gone  out  of  office  and  canvass  the  returns  anew,  see  Belknap  v.  State 
Canvassers,  95  /  155  ;  Rich  v.  State  Canvassers,  100  /  453. 

Duty  of  sec-         (209)     §  3700.     SEC.  73.     The  secretary  of  state  shall  re- 
retary  of  state.  (,orfl  jn  nis  office,  in  a  book  to  be  kept  by  him  for  that  purpose, 
each    certified   statement    and    determination,    so    made  and 
delivered  to  him  by  the  board  of  state  canvassers;  and  shall, 
without  delay,  make  out  and  cause  to  be  delivered  to  each  of 
the  persons  thereby  declared  to  be  elected,  a  copy  of  such  de- 
termination, certified  by  him  under  his  seal  of  office, 
canvass  of  (210)      §  3701.     SEC.  74.     For  the  purpose  of  canvassing 

eiectorsof  and  ascertaining  the  votes  given  for  electors  of  president  and 
president,  etc.  vice  president  of  the  United  States,  the  board  of  state  can- 
vassers shall  meet  on  the  Wednesday  next  after  the  third 
Monday  of  November,  or  on  such  other  day  before  that  time 
as  the  secretary  of  state  shall  appoint;  and  the  powers, 
duties,  and  proceedings  of  said  board,  and  of  the  secretary 
of  state,  in  sending  for,  examining,  ascertaining,  determining, 
certifying,  and  recording  the  votes  and  results  of  the  election 
of  such  electors,  shall  be  in  all  respects,  as  near  as  may  be, 
as  hereinbefore  provided  in  relation  to  sending  for,  examin- 
ing, ascertaining,  determining,  certifying,  and  recording  the 
votes  and  results  of  the  election  of  state  officers. 


LAWS   RELATING   TO    ELECTIONS.  75 


(211)  §  3702.    SEC.  75.    The  secretary  of  state  shall,  with-  _ 
out  delay,  cause  a  copy  -of  the  certified  determination  of  the       ate  of  de- 
board  of  state  canvassers,  declaring  the  persons  elected  as  t€ 

such  electors,  to  be  transmitted  and  delivered  by  special  mes- 
sage or  otherwise,  to  each  of  the  persons  so  declared  to  be 
elected,  which  copies  shall  be  certified  under  his  hand  and 
seal  of  office. 

(212)  §  3703.     SEC.  76.     For  the  purpose  of  canvassing  canvass  of 
and  ascertaining  the  result  of  the  vote  upon  any  proposed  amlnd°ment  to 
amendment  to  the  constitution,  or  approval  of  any  banking 

law,  or  amendment  thereof,  the  secretary  of  state  shall  ap-  law. 
point  a  meeting  of  the  state  board  of  state  canvassers,  to  be 
held  at  his  office,  on  or  before  the  twentieth  day  of  the  month 
next  after  such  election  ;  at  which  meeting  the  said  secretary 
shall  lay  before  the  board  the  statement  received  by  him  of 
the  votes  given  in  the  several  counties  for  or  against  such 
amendment  to  the  constitution,  or  for  and  against  the  ap- 
proval of  such  banking  law,  or  amendment  thereof,  as  the 
case  may  be. 

(213)  §  3704.     SEC.  77.     The  board  shall  then  proceed  to 
examine  such  statements,  and  to  ascertain  and  determine  the  determine 
result,  and  shall  make  and  certify,  under  their  hands,  a  state-  * 
ment  of  the  whole  number  of  votes  given  for,  and  the  whole 
number  of  votes  given  against,  such  amendment  of  the  consti- 
tution, or  for  or  against  the  approval  of  such  banking  law,  or 
amendment  thereof,  as  the  case  may  be;  and  they  shall  there- 

upon determine  whether  such  amendment  to  the  constitution, 
or  such  banking  law,  or  amendment  thereof,  as  the  case  may 
be,  has  been  approved  and  ratified  by  a  majority  of  the  elec- 
tors voting  thereon,  and  shall  make  and  subscribe  on  such 
statement  a  certificate  of  such  determination,  and  deliver  the 
same  to  the  secretary  of  state. 

(214)  §  3705.     SEC.  78.     The  secretary  of  state  shall  re-  Determination 

,    .  '  .  .°  .  .  .  J  .  .        ,  to  be  recorded 

cord  in  his  office,  in  a  book  to  be  kept  by  him  for  that  pur-  by  secretary 
pose,  such  certified  statement  and  determination  ;  and  if  it  p 
shall   appear  that   such   amendment  to  the  constitution,   or  laws- 
such  banking  law,  or  amendment  thereof,  has  been  approved 
and  ratified,  as  aforesaid,  he  shall  also  record  such  deter- 
mination in  the  book  in  which  the  original  act  of  the  legis- 
lature is  recorded,  and  shall  cause  any  amendment  to  the  con- 
stitution to  be  published  with  the  laws  enacted  by  the  legis- 
lature at  the  next  succeeding  session  thereof. 

(215)  §  3706.    SEC.  79.    The  secretary  of  state  shall  cause 

a  copy  of  such  determination  and  certificate  of  election  to  be  of  statecan- 
published  for  two  successive  weeks  in  a  newspaper  published 
at  the  seat  of  government,  immediately  after  receiving  the 
same  from  the  board  of  state  canvassers. 

(216)  §  3707.     SEC.  80.     The  said  board  of  state  canvass-  Adjournment 
ers  shall  have  power  to  adjourn  from  day  to  day,  for  a  term  Nassers8.  ca 
not  exceeding  five  days. 

Newton  v.  Canvasser^,   94  /  457. 

For  election  of  the  members  of  the  state  board  of  education  as  prescribed 


76 


STATE    OF    MICHIGAN. 


by   section   3708,   C.    L.    1897,    see   the   later   enactment   of   1909,    section   466 ; 
constitutional   provisions  section  69,   herein. 


Representa- 
tive in  con- 
gress. 


Vacancy. 


Number  of 
electors. 


Place  and 
time  of  meet- 
ing. 


Vacancies, 
how  filled. 


Duties. 


Executive, 
duty  of,  etc. 


REPRESENTATIVE    IN    CONGRESS. 

(217)  §  3709.     SEC.  82.     A  representative  in  the  congress 
of  the  United  States  shall  be  chosen  in  each  of  the  congres- 
sional districts  into  \vhich  the  state  is  or  shall  be  divided,  at 
each  general  election;  and  if  a  representative  in  congress  shall 
resign,  he  shall  forthwith  transmit  a  notice  of  his  resignation 
to  the  secretary  of  state;  and  if  a  vacancy  shall  occur,  by 
death,  or  otherwise,  in  the  office  of  representative  in  congress, 
the  clerk  of  the  county  in  which  such  representative  shall 
have  resided  at  the  time  of  his  election  shall,  without  delay, 
transmit  a  notice  of  such  vacancy  to  the  secretary  of  state. 

PRESIDENTIAL    ELECTORS. 

(218)  §  3710.     SEC.  83.    At  the  general  election  next  pre- 
ceding  the   choice   of   president    and   vice   president   of   the 
United  States  there  shall  be  elected  by  general  ticket  as  many 
electors  of  president  and  vice  president  as  this  state  may  be 
entitled  to  elect  of  senators  and  representatives  in  congress. 

(219)  §  3711.    SEC.  84.    The  electors. of  president  and  vice 
president  shall  convene  in  the  senate  chamber,  at  the  capital 
of  the  state,  at  the  hour  of  twelve  o'clock  noon,  on  the  second 
Monday  of  January.     If  there  shall  be  any  vacancy  in  the 
office  of  an  elector,  occasioned  by  death,  refusal  to  act,  neg- 
lect to  attend  by  the  hour  of  twelve  o'clock  at  noon  of  said 
day,  or  on  account  of  any  two  of  the  persons  voted  for  as  elec- 
tors having  received  an  equal  and  the  same  number  of  votes, 
or  on  account  of  the  ineligihility  of  any  person  elected,  or  for 
any  other  cause,  the  qualified  electors  present  shall  proceed  to 
fill  such  vacancy  by  ballot  and  plurality  of  votes.    When  all 
the  electors  shall  appear  or  vacancies  shall  be  filled  as  above 
provided,  they  shall  proceed  to  perform  the  duties  of  such 
electors,   as   required   by   the   constitution   and   laws  of   the 
United  States. 

(220)  §  3712.    SEC.  85.    It  shall  be  the  duty  of  the  execu- 
tive of  the  state,  as  soon  as  practicable  after  the  election  of 
the  electors  by  the  final  ascertainment  under  and  in  pursuance 
of  the  laws  of  the  state  providing  for  such  election,  to  com- 
municate under  the  seal  of  the  state  to  the  secretary  of  state 
of  the  United  States  his  certificate  of  such  ascertainment  of 
the  electors  elected,  setting  forth  the  names  of  such  electors 
and  the  canvass  or  other  ascertainment  under  the  laws  of  the 
state  of  the  number  of  votes  given  or  cast  for  each  person  for 
whose  election  any  and  all  votes  have  been  given  or  cast,  and 
it  shall  also  thereupon  be  the  duty  of  the  executive  of  the 
state  to  deliver  to  the  electors  of  the  state,  on  or  before  the 
day  on  which  they  are  required  by  the  preceding  section  to 
meet,  the  same  certificate,  in  triplicate,  under  the  seal  of  the 


LAWS    RELATING   TO    ELECTIONS.  77 


state.  Such  certificate  shall  be  enclosed  and  transmitted  by 
the  electors  at  the  same  time  and  in  the  same  manner  as  is  to 
provided  by  law  for  transmitting  by  such  electors  to  the  seat 
of  government  the  lists  of  all  persons  voted  for  as  president 
and  of  all  persons  voted  for  as  vice  president. 

Sections  86-89  are  superseded   by  Act   1   of  1869,   for  the  election  of  U.   S. 
senators.      See   sections   476-8. 

MISCELLANEOUS    PROVISIONS. 

(221)  §  3713.    SEC.  90.    Unorganized  counties,  with  other  unorganized 
parts  of  the  state  which  may  be  attached  to  any  organized  c< 
county  for  judicial  purposes,  unless  otherwise  provided,  shall 

be  considered  as  a  part  of  such  organized  county  for  all  pur- 
poses concerning  the  election  of  officers  who  may  be  elected 
at  a  general  or  special  election. 

Johnston  v.   Cathro,   51  /  83. 

(222)  §  3714.     SEC.  91.     The  oath  directed  in  this  act  to  o^th  onn- 
be  taken  by  persons  chosen  to  be  inspectors,  or  appointed  c5fi?k°oSfan 
clerks  of  elections  shall  be  in  the  form  prescribed  in  the  first  elections- 
section  of  the  eighteenth  article  of  the  revised  constitution  of 

this  state. 

See  Art.   xvi,   2,   constitution  of  1909. 

(223)  §  3715.      SEC.    92.      Each     county    canvasser    and  Compensation 
sheriff  shall  receive  such  reasonable  compensation  for  their  officersam 
services    while    employed    in    the    business    of    elections    for 

county  officers  as  shall  be  allowed  by  the  board  of  supervis- 
ors or  county  auditors',  to  be  paid  by  the  county. 

(224)  §  3716.     SEC.  93.    Each  district  canvasser  or  other  Compensation 
person  except  county  clerks,  employed  in  canvassing  and  re-  SlnvUssers, 
turning  the  result  of  the  elections  required  by  law  to  be  cer-  etc- 

tified  by  district  canvassers  to  the  board  of  state  canvassers, 
shall  receive  such  compensation  therefor  as  the  board  of  su- 
pervisors of  their  several  counties  shall  deem  reasonable,  to 
be  paid  out  of  the  treasury  of  such  counties. 

(225)  §     3717.     SEC.  94.     During  the  day  on  which  any  NO  civil  pro- 
election  shall  be  held,  pursuant  to  the  provisions  of  law,  no  served  on 
civil  process  shall  be  served  on  any  elector  entitled  to  vote  at  election  day- 
such  election. 

(226)  §  3718.     SEC.  95.    The  person  holding  any  office,  at  Term  of  office, 
the  expiration  of  the  term  thereof,  shall  continue  to  hold  the 

same  until  his  successor  shall  be  elected  or  appointed  and 
qualified ;  and  when  any  person  shall  be  elected  to  fill  a  va-  Term,  when 
cancy  in  any  elective  office,  he  shall  hold  the  same  only  dur-  vacancy0  mi 
ing  the  unexpired  portion  of  the  regular  term  limited  to  such 
office,  and  until  his  successor  shall  be  elected  and  qualified. 


78 


STATE    OF   MICHIGAN. 


MUNICIPAL  AND  TOWNSHIP   ELECTIONS. 

An  Act  to  prescribe  the  manner  of  conducting  municipal  and  town- 
ship elections  and  to  prevent  fraud  and  deception  thereat. 

[Act  194  of  1891.] 

The  People  of  the  State  of  Michigan  enact: 

TO  be  govern-  (227)  §  3658.  SECTION  1.  That  all  elections  hereafter 
fawbetcene  held  in  the  various  cities,  villages  and  [townships]  township 
in  this  state,  shall  be  in  conformity  with  the  provisions  of  the 
laws  governing  general  elections  so  far  as  the  same  shall  be 
applicable  thereto,  and  all  the  provisions  of  such  laws  rela- 
tive to  the  boards  of  election  inspectors,  the  arrangement 
of  polling  places,  the  manner  of  voting  and  receiving  votes, 
and  the  canvass  and  declaration  of  the  result  of  such  election, 
are  hereby  made  applicable  to  such  municipal  and  township 
elections,  but  the  time  for  the  opening  and  closing  of  the  polls 
shall  not  be  affected  thereby. 

(228)  §  3659.  SEC.  2.  The  township  board  of  each  town- 
ship, and  such  persons  as  shall  be  elected  therefor  by  the  com- 
mon councils  of  the  various  cities  and  villages  in  this  state, 
shall  be  the  board  of  election  commissioners  for  such  town- 
ship, city,  or  village  respectively,  and  shall  perform  such  du- 
ties relative  to  the  preparation  and  printing  of  ballots  as  are 
required  by  law  of  the  boards  of  election  commissioners  of 
counties,  and  like  duties  and  privileges  as  are  enjoined  and 
granted  by  the  laws  governing  general  elections  upon  the 
various  committees  of  the  different  political  organizations  are 
hereby  prescribed  for  the  city,  village,  or  township  com- 
mittees in  elections  held  pursuant  hereto;  except  that  it  shall 
not  be  necessary  for  the  committees  of  the  different  political 
organizations  to  furnish  a  vignette  or  heading  for  the  ballots 
other  than  to  designate  the  name  of  the  party  or  political  or- 
ganization which  they  represent. 

ELECTION  COMMISSIONERS :  Peck  v.  Supervisors,  102  /  355.  The 
board  cannot  print  upon  the  ballot  the  name  of  a  candidate  not  nominated 
by  an  assemblage  or  meeting  of  electors. — Chateau  v.  Jacob,  88  /  171. 


Who  to  be 
election  com- 
missioners, 
etc. 


Vignette  not 
necessary,  etc 


Committees  to 
furnish  names, 
etc. 


(229)  §  3660.  SEC.  3.  In  municipalities  governed  by  this 
law,  the  names  of  candidates  shall  be  given  by  the  commit- 
tees of  the  various  political  organizations  to  the  board  of  elec- 
tion commissioners  of  such  municipality  not  less  than  five 
days  before  each  election,  and  the  proof  copy  of  the  ballot 
shall  be  open  to  the  inspection  of  the  chairman  of  each  com- 
mittee at  the  office  of  the  township  clerk,  and  city  or  village 
clerk  or  recorder,  not  less  than  two  clear  secular  days  before 
such  election. 


Otto  v.  Brissette,  137  /  719. 


LAWS   RELATING   TO    ELECTIONS.  79 


IDENTIFYING  BALLOTS  OF  UNQUALIFIED  VOTERS. 

An  Act  further  to  preserve  the  purity  of  elections,  and  guard  against 
abuses  of  the  elective  franchise,  by  providing  for  the  identification 
of  the  ballots  of  unqualified  voters,  in  cases  of  contested  elections. 

[Act    180    of    1877.] 

The  People  of  the  State  of  Michigan  enact: 

(230)  §  3719.    SECTION  1.    That  at  every  general,  special,  $$%?&*  po11 
township,  and  charter  election  in  this  state,  it  shall  be  the  numbered  in 
duty  of  the  inspectors  of  election  of  each  voting  precinct,  to 

cause  to  be  numbered  in  figures,  and  in  numerical  order,  the 
name  of  every  person  entered  upon  the  poll  lists  required  by 
law  to  be  kept  at  such  election ;  which  figures  shall  be  placed 
against  the  names  on  such  poll  lists  at  the  time  of  the  entry 
of  said  names  thereon. 

(231)  §  3720.    SEC.  2.    Whenever,  at  any  general,  special,  Endorsement 
township  or  charter  election,  in  this  state,  the  ballot  of  any  ballot  ?n  case" 
person  who  has  been  challenged  as  an  unqualified  voter,  and  of  challense- 
who  has  taken  the  oath  provided  by  law  in  such  case  to  be 

taken,  shall  be  received  by  the  inspectors  of  election,  it  shall 
be  the  duty  of  said  inspectors  to  cause  to  be  plainly  endorsed 
on  said  ballot,  with  pencil,  and  in  the  manner  hereinafter 
provided,  before  depositing  the  same  in  the  ballot  box,  the 
number  corresponding  to  the  number  placed  against  such  vot- 
er's name  on  the  poll  lists;  and  it  shall  further  be  the  duty  other  figures 
of  such  inspectors  to  cancel  all  other  figures  appearing  on  t( 
the  back  of  said  ballot,  without  opening  the  same:    Provided,  SS^dSaced" 
That  in  case  a  ballot  shall  be  so  folded,  defaced,  printed  or  etc.,  to  be 
prepared   that   such   number  cannot  be  legibly   and  perma-  r 
nently  written  on  the  back  thereof,  it  shall  be  the  duty  of 
said  inspectors  to  refuse  to  accept  such  ballot. 

The  provisions  of  this  and  the  following  section  for  the  identification  of 
challenged  ballots  remain  unrepealed,  but  votes  by  the  machine  cannot  be 
identified  under  any  provisions  of  the  statute. — Henderson  v.  Saginaw  Elec- 
tion Com'rs,  160  /  36. 

(232)  §  3721.     SEC.  3.     To  prevent  the  identification  of  g1^1^^. 
said  ballot,  except  as  hereinafter  provided,  it  shall  be  the  ed  with  wank 
duty  of  the  inspectors  of  election  to  cause  to  be  securely  at-  paper< 
tached  to  said  ballot,  with  mucilage  or  other  adhesive  sub- 
stance, a  slip  or  piece  of  blank  paper,  of  the  same  color  and 
appearance,  as  near  as  may  be,  as  the  paper  of  the  ballot,  in 

such  manner  as  to  cover  and  wholly  conceal  said  endorse- 
ment, but  not  to  injure  or  deface  the  same;  and  if  any  inspec-  Penalty  for 
tor,  clerk,  or  other  officer  of  an  election  shall  afterward  ex-  enSorsement. 
pose  said  endorsement,  or  remove  the  said  slip  of  paper  cov- 
ering the  same,  or  attempt  to  identify  the  ballot  of  any  voter, 
or  suffer  the  same  to  be  done  by  any  other  person,  he  shall,  on 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and 
shall    be   amenable   to   the   provisions   of   compiler's   section 


80 


STATE    OF    MICHIGAN. 


Proceedings 
in  case  of 
contested 
election. 


seven  thousand  seven  hundred  and  sixty-nine  of  the  compiled 
laws  of  eighteen  hundred  and  seventy-one. 

The  section  above  referred  to  is  section  370  infra. 

(233)  §  3722.  SEC.  4.  In  case  of  a  contested  election,  on 
the  trial  thereof  before  any  court  of  competent  jurisdiction 
in  this  state,  it  shall  be  competent  for  either  party  to  the 
cause,  to  have  produced  in  court  the  ballot  boxes,  ballots  and 
poll  lists  used  at  the  election  out  of  which  the  cause  has 
arisen,  and  to  introduce  evidence  proving  or  tending  to  prove 
that  any  person  named  on  such  poll  lists,  was  an  unqualified 
voter  at  the  election  aforesaid,  and  that  the  ballot  of  such 
person  was  received  as  provided  in  section  two  of  this  act ;  and 
on  such  trial,  the  correspondence  of  the  number  endorsed  on 
a  ballot  as  herein  provided,  with  the  number  against  the  name 
of  any  person  on  the  poll  lists,  shall  be  received  as  prima 
facie  proof  that  such  ballot  was  cast  by  such  person :  Pro- 
vided, That  the  ballot  of  no  person  shall  be  inspected  or 
identified,  under  the  provisions  of  this  act,  unless  such  person 
shall  consent  thereto  in  writing,  or  unless  such  person  lias 
been  convicted  of  falsely  swearing  in  such  ballot,  or  unless 
the  fact  that  such  person  was  an  unqualified  voter,  at  the 
time  of  casting  such  ballot,  has  been  determined  as  provided 
in  section  five  of  this  act. 

People  v.  Kamps,  129/217. 


Proviso,  in- 
spection of 
ballot. 


Proceedings 
after  issue 
joined. 


(234)  §  3723.  SEC.  5.  After  issue  joined  in  any  case  of 
contested  election,  either  party  to  the  cause  may  present  a 
petition  to  the  court  before  which  the  said  cause  is  to  be 
tried,  setting  forth  among  other  things,  that  the  petitioner 
has  good  reason  to  believe  and  does  believe  that  one  or  more 
voters  at  the  election  out  of  which  the  cause  has  arisen,  nam- 
ing him  or  them,  and  stating  his  or  their  place  of  residence, 
were  unqualified  to  vote  at  such  election ;  that  he  believes  the 
same  can  be  established  by  competent  testimony;  that  the 
ballot  or  ballots  of  such  voter  or  voters  were  received  after 
being  challenged,  as  provided  by  law,  and  praying  that  the 
court  may  try  and  determine  the  question  of  the  qualification 
of  such  voter  or  voters  to  vote  at  said  election,  which  peti- 
tion shall  be  verified  by  the  oath  of  the  petitioner  or  some 
other  person  acquainted  with  the  facts;  and  thereupon  the 
court  shall  direct  an  issue  to  be  formed,  within  a  time  to  be 
issue  to  deter-  fixed  therefor,  for  the  purpose  of  determining  the  question  of 
t?oneo?lvo1tera"  the  qualification  of  the  voter  or  voters  named  in  said  petition, 
to  vote  at  said  election;  and  such  issue  shall  stand  for  trial 
as  in  other  cases,  and  the  verdict  of  the  jury  or  judgment 
of  the  court  upon  such  issue  so  made  shall  be  received  upon 
the  trial  of  the  principal  issue  in  said  cause,  as  conclusive 
evidence  to  establish  or  to  disprove  the  said  qualifications  of 
said  voter  or  voters. 


See  notes  to  section   163. 


LAWS   RELATING   TO    ELECTIONS.  81 


(235)     §  3724.    SEC.  G.    On  said  trial,  it  shall  be  the  duty 
of  the  judge  presiding  thereat,  and  of  no  other  person,  to  overendorse- 
remove  from  all  ballots  the  slips  of  paper  concealing  the  said  ™ 
endorsements  until  all  ballots  are  found  having  thereon  the 
numbers  agreeing  with  the  numbers  against  the  names  of 
such  persons  on  the  poll  lists  as  have  been  proved  unqualified 
voters  as   aforesaid,   and  immediately  thereafter  to  replace  TO  replace 
slips  of  paper  upon  all  other  ballots  from  which  he  has  taken  s 
the  same,  in  the  same  manner  as  is  provided  in  section  three 
of  this  act,  for  the  inspectors  of  election. 


CHAPTER  IV.— CANVASS  AND  RETURN  OF  VOTES. 
COUNTY  CANVASSERS. 

An  Act  to  provide  for  the  election  of  a  board  of  county  canvassers,  to 
prescribe  the  term  of  office  and  the  powers  and  duties  thereof,  and 
to  repeal  all  acts  and  parts  of  acts  contravening  the  provisions  of 
this  act. 

[Act    149    of    1895,    as    amended.] 

The  People  of  the  State  of  Michigan  enact: 

(23G)      §  3662.     SECTION  1.     That  at  the  regular  annual  when  super- 
meeting  of  the  board  of  supervisors  of  each  organized  county  SnvasserSy 
in     the  state   of   Michigan,  for  the  year   eighteen   hundred  ballot- 
ninety  six   and   each   second  year  thereafter,   there  shall   be 
elected  by  ballot  three  electors,  neither  of  whom  shall  be  a 
candidate  for  office  at  the  general  election  ensuing,  who  to- 
gether with  the  county  clerk,  who  shall  not  be  entitled  to  a  county  clerk 
vote  on  said  board,  shall   be  and  are  hereby  constituted  a 
board  of  county  canvassers:     Provided,  That  no  person  shall  proviso. 
be  eligible  to  membership  on  said  board  of  canvassers  who  is 
a  member  of  said  board  of  supervisors.    And  it  shall  be  the 
duty  of  the  clerk  of  said  board  of  supervisors  to  notify  said 
electors  of  their  election  within  five  days  thereafter.     Said  supervisors  to" 
board  of  supervisors  shall,  at  the  time  of  electing  such  board  sationmperi 
of  county  canvassers,  fix  the  amount  of  their  compensation 
which  shall  not  exceed  four  dollars  per  day  for  each  member 
of  said  board,  which  shall  be  paid  by  the  county  treasurer 
upon  the  warrant  of  the  county  clerk :     Provided,  That  in  proviso  as 
Wayne  county  said  board  of  county  canvassers  shall  consist 
of  five  members,  as  follows:    The  probate  judge,  who  shall  be 
the   presiding   officer  of  such   board ; .  the  county   treasurer, 
with  the  two  members  of  the  board  of  Wayne  county  auditors 
having  the  longer  term  to  serve,  and  one  other  citizen  elector 
to  be  chosen  by  a  plurality  viva  voce  vote  of  the  board  of  su- 
pervisors  of  said   county   at  their  regular  annual  meeting. 
Said  board  of  supervisors  shall,  at  the  same  time  and  in  the 
same  manner,  elect  an  alternate  member  of  said  board,  who 

11 


82 


STATE    OF   MICHIGAN. 


will  be  entitled  to  serve  as  a  member  of  said  board  in  case  of 
a  vacancy  on  said  board  on  account  of  disability,  absence  or 
other  cause. 

Am.  1899,  Act  224. 

See  section   249   for   an   act   to   provide   special    canvass  of  votes  for  state 
senators  and  representatives. 

The  above  act  supersedes  sections  43-48  of  the  act  of  1851. 


Oath  required 
of  canvassers. 


Term  of  office. 


When  board 
to  convene. 


County  clerk 
to  be  clerk  of 
board. 

Vacancy,   how 
niled. 


Board  of 
county  can- 
vassers to 
canvass 
returns. 


May  adjourn. 


May  summon 
to  appear, 
persons  hav- 
ing charge  of 
boxes,  etc. 


(237)  §  3663.     SEC.  2.     Each  member  of  said  board  of 
county  canvassers  shall  qualify  by  taking  the  oath  of  office 
required  of  inspectors  of  election,  to  be  administered  by  the 
county  clerk,  and  shall  hold  office  for  a  term  of  two  years,  or 
until  his  successor  is  appointed  and  shall  have  qualified. 

(238)  §  3664.    SEC.  3.    It  shall  be  the  duty  of  said  board 
of  county  canvassers  to  convene  at  the  office  of  the  county 
clerk  on  the  first  Tuesday  after  the  first  Monday  following 
each  election  in  said  county,  before  the  hour  of  one  o'clock 
p.  m.,  and  to  elect  one  of  their  number  to  act  as  chairman, 
except  as  is  especially  provided  in  section  one  of  this  act. 
The  county  clerk  shall  act  as  clerk  of  said  board,  but,  in  the 
event  of  his  unavoidable  absence,  the  board  may  select  one  of 
his  deputies  to  act  in  his  stead.     In  case  of  any  vacancy  on 
said  board,  by  reason  of  absence  or  disability  under  the  pro 
visions  of  this  act,  it  shall  be  filled  by  the  members  of  the 
board  present,  who  shall  select  some  person  or  persons  eligible 
to  have  been  elected  in  the  first  instance,  as  set  forth   in 
section  one  of  this  act. 

Am.  1899,  Act  224. 

(239)  §  3665.     SEC.  4.     The  said  board  shall  then  pro- 
ceed without  delay  to  canvass  the  return  of  votes  cast  for  all 
candidates  for  office  voted  for  and  all  other  questions  voted 
on  at  said  election,  according  to  the  returns  filed  in  the  office 
of  the  county  clerk  by  the  several  boards  of  election  inspect- 
ors of  the  various  voting  precincts  in  the  county,  and  the  re- 
turns or  tally  sheets  filed  with  the  board  of  canvassers  by  the 
central  counting  board  in  counties  where  a  central  counting 
board  is  provided  for  counting  the  ballots  cast  in  said  county 
or  any  part  thereof  in  lieu  of  their  being  counted  by  the  elec- 
tion inspectors  of  the  voting  districts.    If  it  shall  be  found, 
upon  the  convening  of  said  board  of  canvassers  that  the  re- 
turns from  any  of  the   boards  of   election  inspectors  of  the 
several  election  districts,  or  the  returns  of  such  central  count- 
ing board  are  missing,  incomplete,  or  incorrect,  or  for  any 
other  reason  it  is  found  necessary,  then  said  board  of  county 
canvassers  shall   have  power  to  adjourn   from   day  to  day 
until   said   returns   shall   have  been   procured  or  corrected. 
Said  board  of  canvassers  are  hereby  empowered  to  summon 
the  person  or  persons  having  the  boxes  containing  the  ballots 
cast  at  such  election  and  the  keys  and  seals  of  said  boxes,  or 
having  such  returns  or  the  poll  books  or  tally  sheets  used  and 
made  at  such  elections,  to  bring  said  boxes,  keys,  seals,  re- 


LAWS  RELATING  TO  ELECTIONS. 


turns,  poll  books  and  tally  sheets  before  said  board  and  said 

board  of  canvassers  are  authorized  to  open  said  boxes  and 

take  therefrom  any  books  or  papers  bearing  upon  the  count 

and  return  of  the"  election    inspectors   of   such  election  dis- 

tricts or  the  returns  of  such  central  counting  board,  but  they 

shall  not  remove  or  mark  the  ballots  therein.    Said  board  of       ^ 

canvassers  may  summon  such  election  inspectors,  or  central  appear  and0 

counting  board,  before  them,  and  require  them  to  make  cor-  fe^^r^ 

rect  returns  in  case,  in  its  judgment,  after  examining  such 

returns,  poll  books  or  tally  sheets,  the  returns  already  made 

are  incorrect  or  incomplete,  and  they  shall  canvass  the  votes 

from  the  corrected  returns.     When  the  examination  of  such  when  boxes 

papers  is  completed  the  same  shall  be  returned  to  the  ballot  be  rePtumed!° 

boxes  or  delivered  to  the  persons  entitled  by  law  to  the  same, 

and  the  boxes  shall  be  locked  and  sealed  and  delivered  to  the 

legal  custodians  thereof.    When  said  canvass  shall  have  been 

finished,  the  said  board  of  county  canvassers  shall  prepare  result. 

a  statement  setting  forth  their  findings  in  the  premises,  and 

giving  in  detail  the  number  of  ballots  cast  for  each  candi- 

date and  the  result  of  the  votes  cast  on  all  other  questions 

voted  on  at  said  election.     They  shall  certify  thereto,  under  How  certified. 

their  hands,  and  the  seal  of  the  circuit  court  of  the  county. 

It  shall  also  be  the  duty  of  said  board  to  declare  the  result 

of  the  election  for  county  officers  and  members  of  the  legis- 

lature, when  the  county  alone  constitutes  one  or  more  sena- 

torial or  representative  districts,  and  to  publish  said  result 

and  a  statement  of  votes  cast,  within  thirty  days  after  said 

election  is  held,  in  at  least  two  newspapers  printed  and  cir- 

culating in  said  county. 

Am.   1899,   Act  224;   1901,  Act  67;   1905,  Act  43. 

.DUTIES  OP  BOARD:  Under  the  old  law  It  was  held  that  the  statute  re- 
lating to  the  duties  of  the  board  of  county  canvassers  evidently  contem- 
plated that  the  board  should  proceed  promptly  to  determine  the  result  of 
the  election,  and  that  no  adjournment,  except  for  the  purpose  of  having 
returns  corrected,  be  made.  —  Newton  v.  Canvassers,  94  /  457.  The  duties 
of  canvassing  boards  are  simply  ministerial.  —  People  v.  Van  Cleve,  1  /  366. 
They  are  bound  by  the  returns  and  cannot  go  behind  them,  especially  for  the 
purpose  of  determining  questions  of  fraud  in  the  election.  —  McQuade  v. 
Furgason,  91  /  438  ;  Coll  v.  Board,  83  /  367  ;  Roemer  v.  Board,  90  /  27. 
Where  a  canvassing  board  canvassed  the  votes  as  reported  by  the  inspectors 
of  election  in  a  second  or  substituted  return  made  after  the  filing  of  the 
original  return,  mandamus  will  lie  to  compel  a  re-canvass  from  the  original 
return.  —  Roemer  v.  Canvassers,  90  /  30.  As  to  the  powers  and  duty  of 
county  canvassers  in  canvassing  the  returns  of  an  election  to  locate  a 
county  seat,  see  Att'y  Gen.  v.  Canvassers,  64  /  611.  As  to  canvass  of  votes 
for  state  and  county  officers,  presidential  electors,  members  of  congress  and 
members  of  legislature,  see  Pound  v.  Bd.  of  Canvassers,  120  /  181. 

See  notes  to  section  152. 

(240)     §  3666.     SEC.  5.     If  it  shall  appear  on  the  canvass  when  two 
of  the  votes  polled  at  such  election  for  members  of  the  leg-  eq 
islature  or  county  officers,  that  two  or  more  persons  have  of  votes. 
received  an  equal  number  of  votes  for  the  same  office,  and 
that  a  failure  to  elect  to  any  office  is  caused  thereby,  such 
persons  shall  proceed  to  draw  lots  for  the  election  to  said 
office,  in  the  following  manner:    The  board  of  canvassers  for 
the  county  or  district  in  which  such  election  was  held,  shall 
appoint  a  day  for  the  appearance  of  all  such  persons  before 
the  proper  officer  hereinafter  provided,  for  the  purpose  of  de- 


84 


STATE    OF    MICHIGAN. 


termining  by  lot  among  such  persons  the  right  to  such  office, 
.  and  shall  cause  notice  thereof  to  be  given  to  all  such  persons 
Method  of  interested.  The  officer  before  whom  such  drawing  is  to  take 
3ts'  place  shall  prepare  as  many  slips  of  paper  as  there  are  such 
persons,  and  write  the  word  "elected"  on  as  many  slips  of 
paper  as  there  are  offices  to  be  filled,  and  the  words  "not 
elected"  on  the  remaining  slips,  and  fold  the  same  so  as  to 
conceal  the  writing,  and  so  that  they  may  appear  as  near  alike 
as  possible.  Said  slips  shall  be  placed  in  a  box,  and  at 
the  time  and  place  appointed  for  the  drawing  of  said  lots, 
each  of  such  persons  aforesaid  may  draw  one  of  said  slips 
from  the  box;  and  any  such  person  drawing  a  slip  on  which 
is  written  the  word  "elected,"  shall  be  deemed  legally  elected 
to  the  office  in  question ;  and  the  officer  conducting  such  draw- 
ing shall  forthwith  give  him  a  certificate  of  such  election.  If 
the  drawings  under  the  provisions  of  this  section  are  for  the 
office  of  senator  or  representative  in  the  state  legislature, 
and  the  district  exceeds  the  limits  of  a  single  county,  then 
the  drawing  shall  take  place  before  the  county  clerk  of  the 
county  where  the  district  canvass  is  held;  in  all  other  cases 
before  the  county  clerk  of  the  county  where  each  case  shall 
arise:  Provided  further,  That  in  cases  where  the  office  of 
county  clerk  is  in  question  the  drawing  shall  take  place  be- 
fore the  sheriff  of  the  county. 

(241)  §  3667.     SEC.  6.     It  shall  also  be  the  duty  of  said 
clerk  of  the  board  of  county  canvassers,  within  five  days  from 
the  time  of  the  completion  of  said  canvass,  to  send  by  regis- 
tered mail  three  certified  copies  of  the  same,  so  far  as  it  shall 
relate  to  the  vote  for  state  officers,  electors  for  president  and 
vice  president  of  the  United  States,  members  of  congress  of 
the  United  States,  state  senators,  representatives  in  the  state 
legislature,    and    amendments   to   the   constitution,    together 
with  a  certificate  of  authenticity  signed  by  himself  and  the 
chairman  of  the  board  of  canvassers;  one  to  the  governor, 
one  to  the  secretary  of  state,  and  one  to  the  state  treasurer. 
The  original  shall  be  kept  on  file  in  the  office  of  the  county 
clerk. 

(242)  §  3668.     SEC.  7.    It  shall  be  the  duty  of  the  county 
clerk  to  furnish  certified  copies  of  the  original  of  said  canvass 
on  file  in  his  office  to  the  secretary  of  state  upon  the  request 
of  said  secretary  of  state,  and  without  charge.     And  if  upon 
receipt  of  said  certified  copies  by  the  secretary  of  state,  there 
shall  appear  to  be  clerical  errors  in  the  same,  it  shall  be  the 
duty  of  the  county  clerk,  upon  written  request  of  the  secre- 
tary of  state  so  to  do  to  forthwith  prepare  corrected  copies  of 
said  original  canvass  on  file  in  his  office  and  transmit  the 
same  in  the  manner  prescribed  in  section  six  of  this  act. 

(243)  §  3669.     SEC.  8.     In  case  the  clerk  of  the  board  of 
county  canvassers  shall  neglect  or  refuse  to  perform,  in  the 
manner  herein  prescribed,  any  of  the  duties  hereinbefore  set 
forth,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 


If  for  senator 
or  representa- 
tive in  legis- 
lature. 


When  office  of 
county  clerk 
is  in  question, 


County  clerk 
to  forward 
copies  of 
canvass. 


To  whom 
copies  are  to 
be  forwarded. 


Secretary  of 
state  to  re- 
ceive copy 
upon  request. 


Penalty  for 
failure  by 
county  clerk. 


LAWS  RELATING  TO  ELECTIONS.  85 

conviction  shall  be  liable  to  pay  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  less  than  thirty  nor  more  than  ninety  days. 

(244)  §  3670.     SEC.   9.     Any  member  of  said   board   of 

county  canvassers  who  shall  knowingly  violate  any  of  the  pro-  or  fraudulent 

visions  of  this  act  or  shall  wilfully  neglect  or  refuse  to  per-  r 

form  any  duties  enjoined  upon  him  hereby,  or  shall  sign  any 

fraudulent  return,  or  shall  change  any  word,  letter  or  figure 

in  said  returns  as  made  by  the  board  of  canvassers,  except  as 

hereinbefore   provided,   with   intention   to   defraud,   shall   be 

deemed  guilty  of  a  felony,  and  upon  conviction  thereof,  shall 

be  punished  by  a  fine  not  to  exceed  one  thousand  dollars  or 

imprisonment  in  the  state  prison  not  to  exceed  five  years,  or 

both   such   fine   and   imprisonment   in   the  discretion  of  the 

court. 

(245)  §  3071.     SEC.  10.     Any  candidate  voted  for  at  any 
election  at  which  state,  county  or  district  officers  are  voted 

for,  who  conceives  himself  aggrieved  on  account  of  any  fraud  grieved. 
or  mistake  in  the  canvass  of  the  votes  by  the  inspectors  of 
election  or  the  returns  made  by  said  inspectors,  may,  on  or 
before  the  close  of  the  last  day  upon   which  the  board  of  when. 
county  canvassers  meet,  present  to,  and  file  with  the  clerk  of 
such  board,  a  written  petition  which  shall  be  sworn  to,  set- 
ting forth  as  near  as  may  be  the  nature  of  the  mistakes  or 
frauds  complained  of,  and  the  township,  ward  or  district  in 
which  they  occur,  and  asking  for  a  correction  thereof.     He  Deposit 
shall,  at  the  same  time  deposit  with  the  clerk  of  said  board  requn 
the  sum  of  ten  dollars  for  each  and  every  township,  ward  or 
district  referred  to  in  his  petition:     Provided,  That  no  can-  Deposit  for- 
didate  shall  be  required  to  deposit  more  than  one  hundred  case  not  e 
dollars,  which  sum  shall  be  paid  in  case  such  petitioner  does  establisned- 
not  establish  a  fraud  or  mistake  as  set  forth  in  his  petition 
by  the  clerk  of  the  board  of  county  canvassers  to  the  county 
treasurer,  for  the  use  of  the  county. 

Held,  that  a  candidate  for  a  state  office,  such  as  circuit  judge,  is  not 
entitled  to  a  recount  under  this  act. — Pound  v.  Board  of  Canvassers,  120  / 
181  ;  Att'y  Gen.  v.  Campbell,  130  /  285 ;  Att'y  Gen.  v.  Campbell,  132  /  82. 
See  Bradley  v.  St.  Board  of  Canvassers,  154  /  274. 

(246)  §  3(>72.     SEC.    11.     Upon   filing   the   petition   and  Board  to  in- 
making  the  deposit  required  in   the  preceding  section,  and  MoB^Jhen^    : 
giving  at   least  twelve  hours'   written  notice  thereof  to  the 
opposing  candidate,   by   handing  to  such   candidate   a  copy 
thereof,  or,  if  such  candidate  cannot  be  found,  by  leaving  such 

copy  at  his  last  place  of  residence,  it  shall  be  the  duty  of  such 
board  of  canvassers  to  investigate  the  facts  set  forth  in  said 
petition.     For  such  purpose  the  said  board  shall  have  power 
to  cause  the  ballot  boxes  used  in  such  election  districts  to  be 
brought  before  them.     The  board  shall,  thereupon,  in  some  Board  to  re- 
public place  where  such  candidates  and  their  counsel  may  be  fn^Vic'and 
present,  if  they  so  desire,  proceed  forthwith  to  open  the  bal-  make  retum. 
lot  boxes   from  such   districts,  townships  or  wards,  and  to 
make  a  recount  thereof  as  to  such  candidates,  and  make  cor- 


86 


STATE    OF    MICHIGAN. 


rect  and  full  return  in  writing  under  their  hands  to  said 

board,  showing  the  full  number  of  votes  given,  the  names  of 

the  candidates,  and  the  number  of  votes  given  to  each,  writ- 

Baiiots  to  be    ten  out  in  words  and  figures  as  upon  the  ballot.    As  soon  as 

Soxes!**1          the  recount  is  completed,  said  board  shall,  at  once,  return 

the  ballots  to  their  respective  boxes,  carefully  fasten  and  seal 

the  same,  and  deliver  them  to  the  officer  having  the  care  and 

Return  of  re-    custody  thereof.    The  returns  made  by  the  said  board  of  can- 
count  to  be  .     ,     ,,  ,       .,  -ill  it  • 
deemed            vassers  upon  recount  shall  be  deemed  to  be  correct,  anything 

in  the  previous  return  from  such  township,  ward  or  district, 
to  the  contrary  notwithstanding. 


See   citations  under  previous  section. 


when. 


refunded, 
when. 


candidates  (247)     §  3673.     SEC.  12.     Any  candidate  not  receiving  a 

may  appeal  to         \ .  n    '  .     °  ,  .          J 

circuit  court,  certificate  of  election,  may,  for  error  apparent  upon  the  face 
of  the  returns,  have  the  same  examined  and  corrected  upon 
certiorari  to  the  circuit  court  of  the  county  according  to  the 

Deposit  jto  be  rules  and  practices  applicable  to  such  rights.  In  all  cases 
where,  by  reason  of  such  recount,  the  petitioner  succeeds  in 
establishing  fraud  or  mistake  as  set  forth  in  his  petition,  and 
receives  a  certificate  of  election,  the  money  deposited  by  him 
shall  be  refunded.  For  fraudulent  or  illegal  voting,  or  tam- 
pering with  the  ballot  boxes  before  a  recount  by  the  board  of 
canvassers,  the  remedy  by  quo  warranto  ishall  remain  in  full 
force  together  with  any  other  remedies  now  existing. 

(248)  §  3674.  SEC.  13.  The  provisions  of  this  act  shall 
apply  to  special  elections  to  fill  vacancies  in  any  of  the  offices 
mentioned  in  section  four  of  this  act,  and  at  all  elections  at 
which  any  proposition  shall  be  submitted  to  the  electors  of 
any  county. 

Section   14   repeals   "All   acts  or  parts  of  acts   contravening   the   provisions 
of  this  act." 


Act  to  apply 
to  special 
elections. 


Board  of  can- 
vassers, when 
to  meet. 


SPECIAL  CANVASS  FOR  STATE  SENATOR  AND  REPRESEN- 
TATIVE TO  FILL  VACANCIES. 

An  Act  to  provide  for  a  special  canvass  of  votes  cast  in  elections  to 
fill  vacancies  in  the  office  of  state  senator  and  representative  held 
during  a  session  of  the  legislature. 

[Act  24  of  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(249)  §  3691.  SECTION  1.  That  in  case  of  a  special  elec- 
tion held  to  fill  a  vacancy  in  the  office  of  state  senator  or  of 
representative  in  the  state  legislature  during  a  session  of  the 
legislature,  the  board  of  county  canvassers  shall  meet  on  the 
Thursday  next  succeeding  the  day  on  Which  the  election  is 
held,  and  the  board  of  district  canvassers  shall  meet  on  the 
succeeding  Saturday,  and  shall  make  the  canvass  and  declare 
the  result  of  such  election  as  now  provided  by  law  in  case  of 
general  elections  in  this  state, 


LAWS    RELATING    TO    ELECTIONS.  87 


UNIFORMITY  IN    RETURNS. 

An  Act  to  secure  uniformity  in  election  returns. 

[Act   49   of  1867.] 

The  People  of  the  State  of  Michigan  enact: 

(250)  §  3733.    SECTION  1.    That  the  secretary  of  state  be 
required  to  prepare  and  transmit,  at  least  sixty  days  before  msh  blanks. 
any  general  or  special  election  at  which  other  than  township 
offi'cers  are  to  be  elected,  to  the  several  county  clerks,  suitable 

blank  forms,  to  enable  inspectors  of  elections  and  towtiship 
or  city  clerks  to  make  returns  of  elections  to  the  respective 
county  or  district  board  of  canvassers. 

(251)  §  3734.     SEC.  2.     That  the  several  county  clerks  Duty  of 

.,  county  clerks. 

shall,  after  receiving  the  blank  forms,  and  at  least  ten  days 
before  any  general  or  special  election,  at  which  officers  shall 
be  elected  requiring  the  transmission  of  a  statement  of  votes 
to  a  board  of  canvassers,  deliver  to  the  several  township  or 
city  clerks  of  their  respective  counties  a  sufficient  number  of 
such  blank  forms  to  enable  said  township  or  city  clerks  and 
inspectors  of  elections  to  make  returns  of  such  general  or 
special  election  to  the  respective  boards  of  canvassers  as  re- 
quired by  law. 


CORRECTION   OF  FRAUDS  AND   ERRORS   IN    RETURNS. 

An  Act  to  provide  for  the  correction  of  frauds  and  mistakes  in  the 
canvass  and  returns  made  by  inspectors  of  elections. 

[Act  208  of  1887,  as  amended.] 

The  People  of  the  State  of  Michigan  enact: 

(252)     §  3725.     SECTION  1.     That  any  candidate  voted  for  Petition  for 
at  any  election,  conceiving  himself  aggrieved  on  account  of  canrvass?to°f 
any  fraud  or  mistake  in  the  canvass  of  the  votes  by  the  in-  Jc°m  made< 
spectors  of  election,  or  in   the  returns  made,  may    (within 
three  days  after  the  conclusion  of  a  towiiship  canvass,  if  a 
township  office)  or  on  or  before  the  close  of  the  last  day  upon 
which  the  board  of  city  canvassers  meet,  if  a  city  or  ward 
office,  or  board    of   village    canvassers,    if    a    village    office, 
present  to  and  file  with  the  clerk,  of  such  board  a  written 
petition,  which  shall  be  sworn  to,  setting  forth,  as  near  as 
may  be,  the  errors,  mistakes  or  frauds  complained  of,  and  the 
towftship,  ward  or  village  in  which  they  occur,  and  asking  for 
a  correction  thereof.    He  shall  at  the  same  time  deposit  with 
the  clerk  of  said  board  the  sum  of  ten  dollars  for  each  and 
every  township,  ward  or  village  referred  to  in  his  petition; 


88 


STATE    OF    MICHIGAN. 


Proviso,  limit- 
ing amount  of 
deposit. 


When  board 
of  canvassers 
to  make  in- 
vestigation. 


Clerk  to  call 
meeting  of 
board. 


How  com- 
mittee on 
investigation 
appointed. 


Committee  to 
make  recount 
of  ballots. 


Ballots  to  be 
returned  to 
boxes. 


Report  of 
committee  to 
be  accepted 
as  correct. 


Appeal  to  cir- 
cuit court. 


When  deposit 
to  be  returned 
to  petitioner. 


Provided,  That  no  candidate  shall  be  required  to  deposit 
more  than  one  hundred  dollars,  which  sum  shall  be  paid  in 
case  such  petitioner  does  not  establish  a  fraud  or  mistake,  as 
set  forth  in  his  petition,  by  the  clerk  of  the  board  of  city 
canvassers,  to  the  city  treasurer  for  the  use  of  the  city  and 
by  the  clerk  of  the  village  to  the  village  treasurer  and  by  the 
township  clerk  to  the  township  treasurer  for  the  use  of  the 
city,  village  or  township,  as  the  case  may  be.  Upon  filing 
such  petition,  making  such  deposit  and  giving  at  least  twelve 
hours'  written  notice  thereof  to  the  opposing  candidate  by 
handing  to  such  candidate  a  copy  thereof,  or  if  such  candi- 
date cannot  be  found,  by  leaving  such  copy  at  the  last  place 
of  residence,  it  shall  be  the  duty  of  such  board  of  canvassers 
to  proceed  to  make  an  investigation  of  the  facts  set  forth  in 
said  petition.  For  which  purpose  the  clerk,  if  no  meeting 
be  already  appointed,  shall  call  a  meeting  of  such  board  of 
canvassers  and  the  said  board  shall  have  power  to  cause  the 
ballot  boxes  used  in  such  election  districts  to  be  brought  be- 
fore them.  The  said  board  shall  thereupon  appoint  a  com- 
mittee of  their  own  number  as  follows:  The  said  board  shall 
designate  a  member  who  shall  be  the  chairman  of  said  com- 
mittee, the  candidate  presenting  such  petition  and  the  can- 
didate opposed  thereto  shall  each  choose  a  member,  and  if 
such  candidates,  or  either  of  them,  decline  to  choose  a  mem- 
ber, then  the  board  shall  designate,  and  the  three  thus 
chosen  shall  constitute  a  committee  to  investigate  the  errors, 
mistakes  or  frauds  complained  of.  Said  committee  shall,  in 
some  public  place,  where  such  candidates  and  their  counsel 
may  be  present,  if  they  so  desire,  without  unnecessary  delay 
proceed  to  open  the  ballot  boxes  from  such  village,  townships 
or  wards,  and  to  make  a  recount  thereof  as  to  such  candi- 
dates, and  make  correct  and  full  returns  in  writing  under 
their  hands  to  said  board,  showing  the  whole  number  of  votes 
given,  the  names  of  the  candidates,  and  the  number  of  votes 
given  to  each,  written  out  in  words  and  figures  as  upon  the 
ballots.  Said  committee,  upon  making  such  recount,  shall 
at  once  return  the  ballots  to  their  respective  boxes,  carefully 
fasten  and  seal  the  same  and  deliver  them  to  the  officer  hav- 
ing the  care  and  custody  thereof.  Said  board  of  canvassers, 
upon  receiving  the  report  of  such  committee,  shall  accept  the 
same  as  correct,  anything  in  the  previous  declaration,  certifi- 
cate or  returns  from  such  township,  ward  or  village  to  the 
contrary  notwithstanding.  Any  candidate  not  receiving  a 
certificate  of  election,  may  for  errors  apparent  upon  the  face 
of  the  returns  have  the  same  examined  and  corrected  upon 
certiorari  to  the  circuit  court  of  the  county,  according  to  the 
rules  and  practice  applicable  to  such  writs.  In  all  cases 
where,  by  reason  of  such  recount,  the  petitioner  succeeds  in 
establishing  a  fraud  or  mistake,  as  set  forth  in  his  petition, 
and  receive  a  certificate  of  election,  the  money  deposited  by 


LAWS   RELATING   TO    ELECTIONS.  89 

him  shall  be  refunded.     For  fraudulent  or  illegal  voting,  or  Remedy  for 

tampering  with  the  ballot  boxes  before  a  recount  by  the  board 

of  canvassers,  the  remedy  by  quo  warranto  shall  remain  in 

full   force,  together  with  any  other  remedies  now  existing. 

The  usual   final   adjournment  of  a   township  board   of  can-  Final  adjoum- 

vassers  shall  be  deemed  subject  to  the  recall  of  the  board  as 

herein  provided. 

PURPOSE  OF  THE  LAW:  It  was  intended  by  this  act  to  give  a  party 
aggrieved  by  the  action  of  the  inspectors  of  election  and  the  board  of  city 
canvassers  the  right  to  a  recount  of  the  votes  cast  for  and  against  him  for 
the  office  for  which  he  was  a  candidate,  in  the  first  instance  at  least,  if  he 
should  desire  it,  without  resort  to  proceedings  by  quo  warranto. — McKenzie 
v.  Canvassers,  70  /  151  ;  May  v.  Canvassers,  94  /  510.  The  evident  purpose 
of  this  act  was  to  provide  for  a  recount  antecedent  to  the  determination  by 
the  county  canvassers  of  the  number  of  votes  cast  for  the  office  as  to  which 
the  recount  is  applied  for.  It  was  clearly  intended  that,  in  case  of  various 
contests  arising  before  the  board,  different  committees  could,  be  appointed 
and  the  count  in  all  cases  proceed  at  once.  The  board  acting  on  a  contest 
may  well  be  held  to  constitute  a  special  tribunal,  when  in  session,  only  for 
the  purpose  of  considering  such  contest.  It  was  not  the  legislative  intent 
that  a  presentation  of  the  application  to  the  body,  when  so  acting,  and  after 
a  full  performance  and  determination  of  the  result  as  to  the  candidates  for 
other  offices  should  entitle  the  party  presenting  such  petition  to  a  recount. 
— Newton  v.  Canvassers,  94  /  458.  Electors  are  not  to  be  deprived  of  the 
result  of  their  votes  by  the  mere  mistakes  of  election  officers  which  do  not 
appear  to  have  affected  the  result.  But,  on  the  other  hand,  where  fraud 
appears  upon  the  part  of  the  inspectors,  the  voter  must  sometimes  be  de- 
prived of  his  vote  ;  and  this  must  always  be  the  case  where  mandatory  pro- 
visions of  the  election  law  are  disregarded,  if  the  result  would  be  thereby 
changed. — Att'y  Gen.  v.  Stillson,  108  /  419.  The  board  of  canvassers,  on 
return  of  the  report  of  a  recount  committee  appointed  under  this  section, 
are  under  no  duty  to  correct  errors  of  the  committee  not  shown  on  the  face 
of  their  report.- — Atwood  v.  Sault  Ste.  Marie,  141  /  295. 

The  only  way  to  try  titles  to  office  finally  and  conclusively  is  by  quo  war- 
ranto.— Frey  v.  Michie,  68  /  324.  Lachance  v.  Mackinac  Co.  Canvassers,  157  / 
079. 

Where  respondent,  a  candidate  for  election  as  supervisor,  was  also  a  mem- 
ber of  the  board  of  election  canvassers,  and  signed  the  report  of  a  recount  de- 
claring respondent  elected,  but  a  majority  of  the  board  without  counting  re- 
spondent signed  the  report,  it  was  valid  and  conclusive  of  the  facts  stated 
therein. — Miner  v.  Beurmann,  165  /  672. 

ENFORCEABLE  BY  MANDAMUS :  The  right  to  a  recount,  upon  com- 
pliance with  the  provisions  of  this  act,  is  enforceable  by  mandamus. — May 
v.  Canvassers,  94  /  510 ;  McKenzie  v.  Canvassers,  70  /  147  ;  Packard  v.  Can- 
vassers, 94  /  450. 

APPLICATION  TOO  LATE:  An  application  by  a  candidate  for  supreme 
judge  to  a  board  of  county  canvassers  under  this  act  made  on  the  last  day  on 
which  the  state  canvassers  can  canvass  the  returns  and  issue  the  certificate 
of  election,  is  not  in  time. — Newton  v.  Canvassers,  94  /  455 :  Drennan  v. 
Com.  Council,  106/117. 

WHEN  ACT  DOES  NOT  APPLY:  This  act  and  the  next  following  do 
not  apply  in  the  case  of  members  of  a  common  council  in  a  city  whose  coun- 
cil is  made  the  sole  judge  of  the  election  of  its  members. — Weston  v.  Probate 
Judge,  69  /  600  ;  Naumann  v.  Canvassers,  73  /  252  ;  Aud.  Gen.  v.  Supervisors, 
89  /  567 ;  Hilton  v.  Grand  Rapids  Com.  Council,  112  /  500.  But  these  acts 
apply  in  cases  where  the  council  is  not  made  by  the  charter  the  judge  of 
the  election  and  qualification  of  its  own  members. — McKenzie  v.  Canvassers, 
70  /  147.  These  acts  do  not  apply  to  the  office  of  state  senator. — Wheeler 
v.  Canvassers,  94  /  448.  Nor  congressmen. — Belknap  v.  Canvassers,  94  /  516. 
Nor  circuit  judge. — Vance  v.  Canvassers,  95  /  462. 

EFFECT  OF  RECOUNT  MADE:  When  the  board  has  recounted  and  de- 
clared the  result,  it  becomes  functus  officio  and  the  remedy  of  the  party 
claiming  to  be  aggrieved  is  by  a  quo  warranto  proceeding  to  test  the  valid- 
ity of  the  election. — Packard  v.  Canvassers,  94  /  451. 

VOTING  MACHINES :  Application  of  this  section  when  voting  machines 
are  used. — Truinbull  v.  Bd.  of  Canvassers,  140  /  537. 

See  also  Lamoreaux  v.  Atfy  Gen.,  89  /  146  ;  Johnson  v.  Bd.  of  Canvassers, 
101  /  191  ;  Keith  v.  Wendt,  144  /  49  ;  Ward  v.  Culver,  144  /  57,  71. 


STATE    OP   MICHIGAN. 


Petition  to 
probate  judge 
of  candidate 
intending  to 
contest  elec- 
tion. 


Proviso  as  to 
filing  petition. 


What  petition 
shall  set  forth. 


PRESERVATION   OF   EVIDENCE   OF    ERROR    OR   FRAUD. 

An  Act  to  preserve  evidence  of  error  or  fraud  in  the  counting  of  bal- 
lots and  in  elections  [election]  returns,  and  in  the  count  of  in- 
spectors of  elections  [election]  and  the  declaration  of  the  board  of 
canvassers  in  contested  elections. 

[Act  293  of  1887.] 

The  People  of  the  State  of  Michigan  enact: 

(253)  §  3726.     SECTION  1.     That  any  candidate  voted  for 
at  any  election  in  this  state  intending  to  contest  the  same, 
may,  after  the  decision  of  the  board  of  canvassers  and  with- 
out waiting  to  commence  quo  warranto  proceedings,  by  peti- 
tion to  the  probate  judge  of  the  county  in  which  the  election 
is  held,  cause  the  ballot  boxes,  or  such  number  of  them  as  he 
may  specify   in  his   petition,    to  be  brought  before  the  board 
of  examiners  created  by  section  six  of  this  act,  and  by  said 
board  to  be  opened  and  the  ballots  therein  counted:     Pro- 
vided, That  at  the  time  of  filing  such  petition  he  shall  de- 
posit thirty  dollars  with  such  judge  of  probate,  which  amount 
shall  be  disposed  of  as  hereinafter  provided. 

See  notes  to  preceding  act.  The  supreme  court  has  held;  this  act  too  de- 
fective to  be  executed,  unless  by  common  consent. — Andrews  v.  Probate 
Judge,  74  /  278. 

PETITION :  The  petition  must  show  whom  the  canvassers  have  decided 
to  be  elected  in  order  that  notice  of  the  contest  may  be  given  him. — Andrews 
v.  Probate  Judge,  74/278. 

This  act  does  not  apply  to  a  city  whose  common  council  is  charged  with 
the  duty  of  canvassing  the  votes  cast  for,  and  given  the  exclusive  right  to 
determine  the  election,  and  qualification  of,  the  officers  whose  election  is 
sought  to  be  contested,  which  duty  it  has  discharged,  and  right  exercised, 
without  objection  by  any  one. — West  on  v.  Probate  Judge,  69  /  600 ;  Nau- 
mann  v.  Board  of  City  Canvassers,  73  /  252. 

See  Hilton  v.   Gd.   Rapids  Com.   Council,   112/501. 

(254)  §  3727.     SEC.  2.     Said  petition  shall  set  forth  that 
the  petitioner  was  a  candidate  for  the  office  claimed  by  him, 
and  by  him  intended  to  be  contested,  and  that  he  received 
votes  therefor;  that  he  has  good  reason  to  believe  and  does 
believe  either — 

First,  That  there  was  error  or  fraud  in  the  count  or  in  the 
returns  of  the  inspectors  of  elections;  or, 

Second,  That  there  was  error  or  fraud  in  the  count  or  de- 
termination of  the  board  of  canvassers;  or, 

Third,  That  there  was  error  or  fraud  in  both,  and  that  it 
is  his  bona  fide  intention  to  contest  the  count  and  returns  of 
the  inspectors  of  election,  or  the  count  or  determined  result 
of  the  board  of  canvassers  of  said  election,  or  of  both,  and 
further  stating  that  he  believes  that  unless  the  ballot  boxes 
are  opened  and  the  ballots  therein  counted  without  unneces- 
sary delay  his  rights  will  be  jeopardized.  Said  petition  shall 
be  in  writing,  and  shall  be  subscribed  and  sworn  to  by  the 
petitioner,  or  by  some  one  in  his  behalf,  and  a  copy  thereof 
shall  be  served  upon  the  person  or  persons  who  were  can- 
didates for  said  office  at  said  election. 


Andrews  v.    Judge  of  Probate,   74  /  278. 


LAWS   RELATING   TO    ELECTIONS.  91 

(255)  §  3728.     SEC.  3.     Upon  the    filing  of  said  petition  Duty  of  pro- 
the  probate  judge  shall  notify  the  members  of  the  board  of 
examiners  created  by  section  six  of  this  act  of  the  filing  of  Petition- 
the  said  petition  and  shall  in  the  notice  appoint  a  time  and 

place  for  the  board  of  examiners  to  meet,  and  shall  issue 
an  order  causing  the  ballot  boxes  to  be  brought  before  the 
board  of  examiners  created  by  section  six  of  this  act  at  a 
place  and  at  a  time  specified  in  the  order,  which  shall  not  be 
less  than  two,  nor  more  than  ten  days  from]  the  issuing  there- 
of; and  a  copy  of  said  order  shall  be  served  upon  the  persons 
whose  election  is  to  be  contested,  and  also  upon  the  officer  in 
whose  custody  is  kept  the  ballot  boxes  of  said  election,  whose 
duty  it  shall  be  to  produce  said  boxes  before  said  board  of 
examiners  at  the  time  and  place  named  in  said  order. 

This  act  is  too  defective  to  be  carried  into  execution  except  by  common 
consent,  in  this:  (a) — No  provision  is  made  for  the  appointment  of  a  time 
when  the  board  of  examiners  will  be  appointed,  or  for  the  notice  to  the  suc- 
cessful candidate  to  appear  and  take  part  In  the  formation  of  the  board, 
(b) — There  is  no  provision  for  a  case  where  the  examiners  appointed  refuse 
to  serve  nor  any  requiring  them  to  take  an  oath  before  proceeding  to  the 
discharge  of  their  duties.  (c) — The  act  should  require  the  inspectors  en- 
trusted with  the  key  and  election  seal,  as  well  as  the  clerk,  to  appear  before 
the  board  of  examiners. — Andrews  v.  Judge  of  Probate,  74  /  278. 

(256)  §  3729.     SEC.  4.     Upon  the  day  and  at  the  place  when  ballot 
specified  in  the  order  the  boxes  shall  be  brought  before  the 

board  of  examiners  created  by  section  six  in  [of]  this  act, 
and  opened  by  and  in  the  presence  of  the  board  of  examiners  etc. 
and  the  judge  of  probate,  and  the  ballots  therein  shall  be 
counted  by  said  board.  And  the  board  of  examiners  above 
mentioned  shall  proceed  to  count  the  ballots  in  said  boxes, 
and  continue  the  same  from  day  to  day  until  the  completion 
of  the  count  thereof,  and  shall  make  a  statement  in  writing 
of  the  result  of  the  said  count,  and  each  member  thereof  shall 
sign  the  same,  and  it  shall  be  sworn  to  by  each  member  of 
said  board  before  the  judge  of  probate  and  the  said  sworn 
statement  shall  be  deposited  by  the  judge  of  probate  in  the 
office  of  the  county  clerk,  and  shall  be  conclusive  evidence  in 
any  subsequent  proceeding  at  law  of  the  ballots  cast  in  boxes 
so  opened. 

Andrews   v.    Probate   Judge,   74/285. 

(257)  §  3730.     SEC.  5.    After  the  ballots  are  counted  they  Ballots,  after 
shall  be  placed  back  in  the  boxes  and  sealed  up  by  said  board  shau^eTeaied 
and  returned  to  the  officer  who  is  by  law  entrusted  with  the 
custody  thereof. 

(258)  §  3731.     SEC.  6.    The  board  of  examiners  to  carry  Board  of  ex- 
into  effect  the  provisions  of  this  act  shall  consist  of  three  per-  ^omTo  con- 
sons,  who  shall  be  electors  of  the  county  in  which  proceedings  sist,  etc. 
are  had,  one  appointed  by  the  candidate  presenting  such  peti- 
tion, one  by  the  candidate  opposed  thereto,    and  one  by  the 

judge  of  probate.  They  shall  sit  together  before  the  judge  of 
probate  [probate  judge]  at  the  time  and  place  specified  in  his 
order,  and  said  probate  judge  shall  preside  over  all  meetings 


92 


STATE    OF   MICHIGAN. 


Proviso. 


of  said  board  in  accordance  with  the  provisions  of  this  act. 
If  the  candidate  presenting  such  petition  or  the  candidate 
opposed  thereto  shall  decline  to  so  choose  a  member  then  the 
judge  of  probate  shall  designate,  and  the  three  thus  chosen 
shall  constitute  the  board  of  examiners :  Provided,,  however, 
That  when  there  is  a  recount  demanded  of  the  ballots  cast 
for  the  office  of  judge  of  probate  then  the  county  clerk  shall 
serve  in  the  place  of  the  judge  of  probate  and  perform  the 
duties  herein  imposed  upon  the  judge  of  probate  in  other 
cases. 

(259)  §  3732.  SEC.  7.  Whenever  a  contestant,  in  the 
opinion  of  the  board  of  examiners  created  under  this  act, 
establishes  the  truth  of  his  allegations  in  his  petition  for  a 
recount,  the  fee  of  thirty  dollars  deposited  with  the  judge  of 
probate  as  provided  for  in  section  one  shall  be  returned  to 
him.  If  he  does  not  establish  the  truth  of  his  allegations, 
then  in  such  case  the  fee  shall  be  paid  to  the  county  treas- 
urer to  be  put  into  the  contingent  fund  of  the  county. 

Section  8   repeals  "All   acts  or  parts  of  acts  contravening  the  provisions  of 
this  act." 


When  fee  de- 
posited with 
judge  to  be 
returned  to 
contestant. 


CHAPTER  V.— ELECTION  DISTRICTS  IN  TOWNSHIPS 
AND  VILLAGES. 

An  Act  relative  to  dividing  townships  and  villages  into  election  dis- 
tricts and  to  provide  for  the  registration  of  electors  in  such  cases. 


Townships, 
division  of. 

Proviso. 


Further 
proviso. 


[Act  203  of  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(260)  §  3582.  SECTION  1.  In  any  township  in  the  state 
of  Michigan  the  township  board  thereof  may  divide  said  town- 
ship into  two  or  more  election  districts :  Provided,  That  such 
division  be  made  at  least  twenty  days  previous  to  the  first 
general  election  or  township  meeting  thereafter  and  a  diagram 
of  the  boundaries  of  each  district  be  posted  therein  in  three 
or  more  public  places  with  a  plain  description  and  the  num- 
ber of  the  same  not  less  than  fifteen  days  previous  to  such 
election  or  township  meeting  and  by  publishing  said  notice  in 
some  newspaper  of  general  circulation  in  the  district  affected, 
weekly  for  at  least  three  weeks  previous  to  such  election  or 
township  meeting :  Provided  further,  That  no  township  shall 
be  so  divided  unless  it  contains  at  least  three  hundred  elec- 
tors, or  contains  more  than  one  'Surveyed  township,  either 
entire  or  fractional,  as  determined  by  the  government  survey 
thereof. 

Am.    1911,    Act   13. 


LAWS    RELATING    TO    ELECTIONS.  93 

(261)  §  3583.     SEC.  2.    The  township  board  of  such  town-  Boundaries^ 
ship  shall  enter  upon  their  record  the  boundaries  and  num-  to  bantered 
ber  of  each  of  said  election  districts,  commencing  at  number  OI 
"one,"  and  shall  have  power  to  change  the  same,  and  shall 

give  like  notice  of  such  change,  before  the  next  general  elec- 
tion or  township  meeting  as  required  by  section  one  of  this 
act  for  establishing  the  boundaries  of  such  district.     They  ^{9£nof  first 
shall  also  give  six  days'  notice  of  the  place  in  each  district 
of  holding  the  first  election  or  township  meeting  therein. 

(262)  §  3584.    SEC.  3.    The  township  officers  of  said  town-  Boards  of 

,  .  •      •         t  • ,  !       i  -•      /»  •  inspectors  01 

ship,  who,  by  existing  laws,  constitute  the  board  of  inspectors  elections  in 
of  election  in  said  township,  shall  be  the  board  of  inspectors 
of  election  in  election  district  numbered  "one"  therein,  and 
two  justices  of  the  peace  and  the  treasurer  of  said  township 
shall  be  the  board  of  inspectors  of  election  in  election  dis- 
trict numbered  "two,"  and  in  case  there  shall  be  more  than 
two  election  districts  in  any  township  the  township  board 
shall  for  the  remaining  districts  appoint  three  freeholders, 
who  shall  be  residents  and  qualified  electors  of  the  district 
in  which  they  shall  serve>  to  constitute  a  board  of  inspectors 
of  election  in  such  remaining  district,  and  shall  hold  their 
office  until  their  successors  are  elected  and  qualify,  and  shall 
be  known  as  "district  inspectors  of  election."  The  manner  of  Manner  of 
such  election  of  inspectors  shall  be  by  ballot  as  for  township 
officers  chosen  by  ballot,  and  the  ballot  shall  contain  the  name 
of  the  person  voted  for  and  the  words  "inspector  of  election" 
added  thereto,  and  the  three  persons  receiving  the  highest 
number  of  votes  in  said  district  for  said  office  shall  be  the 
board  of  inspectors  of  election  for  the  ensuing  year  in  such 
district,  and  until  their  successors  are  elected  and  qualify. 

(263)  §  3585.     SEC.  4.     The  boards  of  inspectors  of  each  inspectors  of 

-,.,.,_,,,,.  „      ,      ..  .  IT,.  election,  their 

district  shall  be  inspectors  of  elections    in    each  election  or  powers  and 
township  meeting  held  therein.     They    shall    appoint  one  of  duties- 
their  number  chairman  of  the  board,  shall  administer  oaths, 
make  appointments,  and  have  the  same  powers  and  authority 
for  preserving  order  and  enforcing  their  commands  and  all 
other  powers  for  proceeding  with  the  elections  in  said  dis- 
trict, and  shall  conduct    the    elections  therein,    in  the  same 
manner  as  now  or  hereafter  directed  by  law  for  township 
inspectors  of  general  elections  held  in  this  state,  unless  herein 
otherwise  provided.     They  shall  receive  the  same  coinpensa- 
tion  of  township  inspectors  from  the  township,  and  before  office 
entering  upon  their  duties  shall  take  and  subscribe  the  oath 
of  office  prescribed  by  the  constitution. 

(264)  §  3586.    SEC.  5.    The  electors  of  each  district  shall  Electors  to 
vote  in  the  respective  districts  in  which  they  reside,  and  for  iTwh 
which  they  are  registered,  except  such  as  are  required  to  act reside- 

as  inspectors  of  election,  who  may  vote  at  the  polls  where 
they  act  as  inspectors. 

(265)  §  3587.     SEC.  6.    The   board   of   registration   shall  Registration 
complete  the  registration  of  electors  in  each  district  in  sepa-  °J 


94 


STATE    OF    MICHIGAN. 


rate  district  registers,  and  shall  transcribe  to  such  district 
register  from  the  township  register  the  names  of  such  electors 
as  they  know  are  qualified  electors  and  residents  of  such  dis- 
trict, and  shall  cause  such  district  register  to  be  present  at 
every  meeting  of  the  district  board  of  registration  and  at 
every  election  held  in  such  district.  The  two  justices  of  the 
peace  whose  terms  of  office  shall  last  expire  shall  constitute 
the  board  of  registration  in  said  election  district  number  two, 
and  the  said  board  of  registration  shall  hold  meetings  for  the 
registration  of  the  qualified  electors  of  said  district,  under 
like  notice,  at  the  same  time  and  in  the  same  manner  as  is 
prescribed  by  the  general  laws  of  this  state  relative  to  regis- 
tration of  electors  in  townships.  In  case  of  the  absence  of 
either  of  said  justices  of  the  peace,  or  his  inability  to  serve, 
the  township  board  shall  appoint  some  qualified  elector  of 
such  township  to  perform  such  duties.  The  person  so  ap- 
pointed shall  take  and  subscribe  the  constitutional  oath  of 
office. 


Canvass  of 
votes  in  dis- 
trict. 


Official 
canvass  of 
township. 


Am.    1911,   Act   204. 

(266)  §  3588.  SEC.  7.  The  district  inspectors  of  elections 
shall,  without  adjourning,  publicly  canvass  the  votes  received 
by  them,  the  same  as  prescribed  by  law  for  canvassing  votes 
at  the  general  elections  in  this  state,  except  as  herein  other- 
wise provided,  and  shall  on  the  same  day  make  a  statement 
in  writing,  setting  forth  in  words  at  full  length  the  whole 
number  of  votes  given  for  each  office,  the  names  of  persons 
for  whom  such  votes  for  each  office  were  given,  and  the  whole 
number  of  votes  given  upon  each  question  voted  upon,  and 
the  number  [of  votes]  given  for  and  against  the  same;  which 
statement  shall  be  certified,  under  the  hands  of  the  inspectors 
of  election  of  such  district,  to  be  correct,  and  they  shall  de- 
posit such  statement  and  certificate  on  the  day  of  election, 
together  with  the  poll  list  and  the  register  of  electors  and  the 
boxes  containing  said  ballots,  with  the  board  of  inspectors 
of  district  numbered  "one,"  and  said  last  named  board  shall 
immediately  consolidate  said  district  reports,  and  the  com- 
bined result  shall  be  the  official  canvass  of  said  township. 

The  provisions  of  this  section  for  consolidating  the  reports  of  district  in- 
spectors is  superseded  so  far  as  relates  to  the  manner  of  the  return  by 
inspectors,  by  the  election  law  of  1891. — Belknap  v.  State  Canvassers,  95  / 

°For  law  of  1891,  see  sections  139-183. 


(267)      §  3580.     SEC.  8.     The  electors  of  each  election  dis- 
trict shall  meet  at  one  o'clock  in  the  afternoon  at  the  polling 


Time  of  meet- 
ing of  electors 
to  transact 

can vas? votes,  place  of  each  district  respectively  to  transact  such  business 
as  is  usually  transacted  at  township  meetings  by  viva  voce 
vote,  and  shall  count  or  canvass  the  votes  on  each  and  every 
question. which  shall  be  submitted  to  them  and  the  result  of 
such  vote  shall  be  counted  and  reported  to  the  board  of  in- 
spectors of  election  of  precinct  number  one,  and  shall  be  by 
them  consolidated  and  canvassed  in  the  same  manner  as  pro- 


LAWS    RELATING    TO    ELECTIONS.  95 

vided  by  section  seven  of  said  act :    Provided,  That  all  ques-  Proviso  as 
tions  proposed  to  be  acted  upon  shall  be  previously  reported  question1.1"8 
to  the  township  board  and  by  them  reported  to  the  board  of 
inspectors  of  election  of  each  precinct  on  the  morning  of  elec- 
tion, and  that  no  question  shall  be  entertained  that  is  not  so 
reported. 

Aud.   Gen.  v.   Duluth,  etc.,  R.   Co.,   116/125. 

(268)  §  3590.     SEC.  9.    The  president  and  trustees  of  any  Division  in 
incorporated  village  may  divide  said    village    into  as  many  vina^s- 
election  districts,  containing  as  nearly  as  possible  an  equal 
number  of  qualified  electors,  as  they  shall  deem  necessary  and 
convenient  for  conducting  the  elections  in  said  village.    They  Notice  of 
shall  give  not  less  than  fifteen  days'  notice  of  said  division  division' 
before  the  next  ensuing  election  in  said  village,  by  posting  in 

not  less  than  three  public  places  in  each  election"  district,  or 
by  publishing  the  same  two  weeks  in  a  newspaper  published 
in  said  village,  a  description  of  the  boundaries  of  said  dis- 
trict, and  the  place  of  holding  the  first  election  therein,  and 
the  number  of  said  district. 

(269)  §  3591.     SEC.  10.    Said  president  and  trustees  ishall  ggord-  where 
make  a  record  of  the  boundaries  and  number  of  each  election 

district  and  file  the  same  with  the  clerk  of  the  village  so 
divided,  and  may  change  the  same  by  giving  the  notice 
before  the  ensuing  election  as  required  by  [in]  section  nine 
of  this  act. 

(270)  §  3592.     SEC.  11.     The  officers  of  said  village  who,  inspectors  of 
by  existing  law,  act  as  a  board  of  inspectors  of  election  of  el 

said  village  shall,  under  this  act,  constitute  a  board  of  in- 
spectors for  election  district  numbered  "one"  of  said  village, 
and  one  of  said  trustees,  with  two  qualified  electors  who  are 
freeholders,  the  latter  of  whom  shall  be  residents  of  the  elec- 
tion districts  in  which  they  serve,  shall  constitute  a  board  of 
inspectors  of  election  in  each  of  the  remaining  election  dis- 
tricts. Six  days'  notice  of  such  first  appointment  for  any 
district,  with  the  place  of  holding  the  first  election  therein, 
shall  be  given  in  said  district,  and  said  inspectors  shall  hold  Term  of  office 
their  offices  for  one  year  and  until  their  successor's  are  ap-  of  ^P6^01"8- 
pointed  and  qualify. 

(271)  §  3593.     SEC.  12.    Each  board  of  district  inspectors  Manner  of 
of  election  shall  appoint  one  of  their  number  chairman,  and  %£$£&** 
shall   conduct  the   election   in   said   district   with   the   same 

power  and  authority  and  in  the  same  manner,  unless  herein 
otherwise  provided,  as  now  or  hereafter  directed  by  law  for 
inspectors    of   general    elections    held    in    this    state,    unless 
herein  otherwise  provided,   and  shall,   at  the  closing     of  the  Canvass  of 
polls,  without  adjourning,  publicly  canvass  the  votes  received  tScts.in  dis 
by  them  the  same  as  in  general  elections,  and  declare  the 
result,  and  shall  on  the  same  day  make  a  statement  in  writing, 
setting  forth  the  whole  number  of  votes  given  for  each  office, 
the  names  of  persons  for  whom  such  votes  for  each  office  were 


96 


STATE    OF    MICHIGAN. 


Official 
canvass  of 
village. 


Registration 
of  electors  in 
villages. 


given,  and  the  number  of  votes  so  given  for  each  person ; 
which  statement  shall  be  certified  under  the  hands  of  the 
inspectors  of  such  election  district  to  be  correct,  and  they  shall 
deposit  such  statement  and  certificate  on  the  day  of  election, 
together  with  the  poll  list  and  the  register  of  electors  and  the 
boxes  containing  said  ballots,  with  the  board  of  inspectors 
of  election  of  district  numbered  "one,"  who  shall  combine  the 
reports  from  each  district  upon  each  question  and  proposi- 
tion, and  what  persons  were  duly  elected,  and  the  result 
thereof  shall  be  the  official  canvass  of  such  village. 

(272)  §  3594.     SEC.  13.    The  registration  of  electors  shall 
be  conducted    in   said  village   by   the   board    of  registration 
thereof,  in  the  same  manner  as  above  provided  for  the  regis- 
tration in  township  election  districts,  and  where  not  so  pro- 
vided, then  by  existing  laws  for  registration  of  electors,  and 
all  such  persons  appointed  or  elected  as  herein  provided  shall, 
before  entering  upon  the  duties  of  their  office,  make  and  sub- 
scribe the  constitutional  oath  of  office  of  this  state,  and  said 
villages  may  provide  for  the  payment  of  such  officers. 

(273)  SEC.  14.     The    township    board    of    any    township 
which  has  been  or  may  hereafter  be  divided  into  two  or  more 
election  districts  under  the  provisions  of  this  act,  may  at  any 
time  abolish   said  division   into  election   districts,  and  said 
action  so  abolishing  said  division  into  election  districts  shall 
be  entered  upon  the  records  of    said  board,  and  subsequent 
elections  in  said  township  shall  be  conducted  in  the  same  man- 
ner as  if  no  division  of  said  township  into  election  districts 
had  ever  been  made:     Provided,  however,  That  this  section 
shall  not  apply  to  divisions  made  by  special  act  of  the  state 
legislature. 


May  abolish 
division  into 
election  dis- 
tricts. 


Proviso. 


Added  1901,  Act  21  ;  Am.  1911,  Act  13. 


CHAPTER  VI.— PRIMARIES  IN  CITIES. 


An  Act  to  provide  for  the  holding  of  primaries  in  cities  of  not  less 
than  fifteen  thousand  inhabitants,  and  not  over  one  hundred  fifty 
thousand  inhabitants,  and  to  punish  frauds  thereon,  and  by  dele- 
gates elected  thereat,  and  the  corruption  and  attempted  corruption 
of  such  delegates. 

[Act  135  of  1895.] 

The  People  of  the  State  of  Michigan  enact: 


HOW  the  word  (274)  §  3514.  SECTION  1.  That  the  word  "primary"  in 
be  construed0  this  ac^  sna^  De  construed  to  mean  an  assemblage  of  voters 
of  any  political  party  duly  convened  for  any  of  the  purposes 
set  forth  in  this  act,  and  that  the  words  "primary  elections," 
as  used  in  this  act,  shall  be  construed  so  as  to  embrace  all 
elections  held  by  any  political  party,  convention,  organization 


LAWS  RELATING  TO  ELECTIONS.  97 

or  delegation  therefrom,  for  the  purpose  of  choosing  candi- 
dates for  office,  or  for  choosing  delegates  to  any  convention 
or  conventions  to  be  held  by  the  party  holding  such  primary, 
or  for  the  purpose  of  electing  officers  of  any  political  organ- 
ization, convention  or  association. 

See  sections  390  8   for  the  protection  of  primary  elections  and  conventions. 

(275)  §  3515.     SEC.  2.     The    primaries   of    any    political  j^m^es  to^ 
parties  in  cities  included    in  this  act,    shall    be  held  by  the  dffferentm 
several  wards  of  each  such  city,  and  all  the  wards  shall  hold  Snt^fme!16 
their  primaries   for  the  same  party  at  the  same  time:     Pro-  proviso, 
vided.  That  in  any  city  whose  population  is  fifty  thousand 

and  not  more  than  one  hundred  and  fifty  thousand  such 
primaries  may,  by  direction  of  the  principal  committee  of 
any  party  organization  in  any  such  city,  be  held  by  the  voting 
precincts  of  the  several  wards  of  said  city.  Any  ward  or  in  case  ward 
precinct  failing  to  hold  its  party  primary  at  the  time  desig- 
nated  therefor,  as  provided  in  section  three  of  this  act,  shall 
not  be  represented  at  the  election  or  convention  of  its  party, 
so  far  as  relates  to  the  special  purpose  for  which  such  primary 
w^as  called. 

(276)  §  3516.    SEC.  3.    The  time  for  holding  the  primaries  Time  9 
in  any  city  shall  be  determined  by  the  principal  committee111 

of  the  party  having  in  charge  the  particular  matter  for  which 
the  primary  is  called.     Notices  of  the  time  for  holding  said  Notice  of  time 
primaries  shall    be  given  by  the  city  or  ward  committee  of  ° 
the  respective  parties  in  the  same  manner  as  provided  in  sec- 
tion nine  of  act  three  hundred  and  three  of  the  session  laws 
of  one  thousand  eight  hundred  and  eighty-seven,  as  amended 
by  act  one  hundred  and  seventy-five  of  the  session  laws  of 
one  thousand  eight  hundred  and  ninety-three. 

The  section  above   referred  to  is  section  398  of  this  compilation. 

(277)  §  3517.     SEC.  4.     The  common  council  of  any  city  when  council 
embraced  in  this  act  may,  in  their  discretion,  cause  the  elec-  b5Ji£OV1 
tion  booths  of  their  respective  cities  to  be  provided  or  erected 

within  ten  days  after  they  shall  have  received  notice  from  the 
chairman  of  any   duly   organized   committee,   whose  duty  it 
shall  be  to  call  the  same,  that  the  booths  will  be  needed  for 
holding  a  primary :     Provided,  That  the  chairman  of  such  Proviso  as  to 
committee  shall  serve  such  notice  upon  the  clerk  or  recorder          ° 
of  said  city,  at  least  twenty  days  before  the  time  fixed  for 
holding  such  primary. 

(278)  §  3518.     SEC.  5.    The  primaries  in  any  city  affected 

by  this  act  and  containing  less  than  thirty  thousand  inhabit-  in  cities, 
ants  shall  be  held  between  the  hours  of  four  and  eight  o'clock 
p.  m.,  standard  time.  The  primaries  in  any  city  affected  by 
this  act  and  containing  more  than  thirty  thousand  inhabit- 
ants shall  be  held  between  the  hours  of  two  o'clock  and  eight 
o'clock  p.  m.,  standard  time. 

Am.   1899,   Act  22. 
13 


98 


STATE    OP   MICHIGAN. 


Board  of  in- 
spectors to 
preside  at 
primaries. 


Members  of 
ward  com- 
mittee. 


Two  inspec- 
tors to  be 
chosen. 


Vacancy,  how 
filled. 


Who  eligible 
to  vote  at 
primaries. 


Proviso  as  to 
administration 
of  oath. 


In  case  voter 
challenged  to 
produce  proof 
as  to  qualifica- 
tion for  voting. 


When  vote 
may  be  re- 
cei  ved . 


(279)  §  3519.     SEC.  6.     Each  primary  shall  be  presided 
over  by  a  board  of  inspectors,  which  shall  be  composed  of  a 
chairman,  who  shall  be  a  member  of  the  ward  committee  of 
the  party  holding  said  primary,  residing  in  the  ward  where 
the  primary  is  held,  and  of  two  qualified  voters  chosen  from 
the  residents  of  said  ward,  and  who  shall  belong  to  the  party 
holding  such  primary.    Each  political  party  desiring  to  hold 
primary  elections  shall,    at  the    first    primary  election  after 
this  act  takes  effect,  elect  a  member  of  the  ward  committee 
and  two  inspectors  of  primaries  for  each  ward  or  voting  pre- 
cinct, whose  term  of  office  shall  be  for  two  years.    At  the  first 
primary  held  after  this  act  takes  effect,  each  political  party 
shall  choose  two  inspectors,  and  if  there  be  no  member  of  its 
ward  committee,  also  a  chairman  of  such  committee,  by  a 
viva  voce  vote  of  the  electors  of  the  party  holding  such  pri- 
mary present  at  the  opening  of  said  primary.     And  if  any 
member  of  such  board  of  primary  inspectors  shall  be  absent, 
or  for  any  reason  be  disqualified  from  sitting  on  the  board  of 
which  he  is  a  member,  such  vacancy  shall  be  filled  by  a  viva 
vpce  vote  of  the  voters  of  the  party  holding  such  primary  at 
the  opening  of  the  same. 

(280)  §  3520.     SEC.  7.     No  voter  whose    name  does  not 
appear  on  the  registration  list  of  the  last  preceding  election, 
or  when  the  committee  of  any  party  shall  have  adopted  party 
registration  and  his  name  does  not  appear  upon  [such]  each 
party  registration  books,  shall  be  allowed  to  vote  at  any  pri- 
mary :    Provided,  If  any  qualified  voter  whose  name  does  not 
appear  on  said  registration  list  or  on  the  adopted  party  reg- 
istration, and  who  desires  to  vote  at  such  primary,  the  chair- 
man of  the  board  of  primary  inspectors  shall  administer  to 
him  the  following  oath:     "You  do  solemnly  swear  that  you 
are  a  resident  of  this  ward  or  voting  precinct ;  that  you  re- 
side at  (here  state  the  place  of  residence  where  said  proposed 
voter  claims  to  reside)  ;  that  you  have  lived  there  more  than 
ten  days  prior  to  this  day;  that  you  are  a  member  of  the 
(here  name  the"  party  holding  the  primary)  ;  that  you  are  a 
qualified  voter  of  this  state  and  of  the  United  States,  and 
that  you  have  not  voted  at  any  other  primary  election  in  any 
other  ward  or  voting  precinct  than  this  since  last  election,  so 
help  you  God."    If  after  taking  the  foregoing  oath  said  voter 
shall  be  challenged  on  the  ground  that  he  is  not  a  resident 
of  said  ward  or  voting  precinct,  the  board  of  inspectors  shall, 
before  his  vote  is  received,  require  him  to  produce  before  said 
board,  some  well  known  and  reputable  resident  of  said  ward 
or  voting  precinct,  who  will  make  oath  that    he    knows  the 
person  desiring  to  vote,  the  place  of  residence  of  said  person, 
how  long  he  has  lived  there,  his  occupation,  and  to  answer 
such  other    questions  as  may  be  put  to  him  concerning  the 
qualifications  of  said  applicant  to  vote  at  said  primary.     If 
from  the  oath  of  such  person  the  board  is  satisfied  that  such 
applicant  is  a  qualified  voter  and  resident  of  said  ward  or 
voting  precinct,  said  vote  shall  be  received,  otherwise  it  shall 


LAWS    RELATING    TO    ELECTIONS. 


99 


be  rejected.     Any  person  swearing  falsely  under  the  provi- Penalty  for 
sions  of  this  section,  upon  conviction    thereof    before    any  /ng.e  swea 
court  of  competent  jurisdiction,    shall  be  subject  to  all  the 
pains  and  penalties  of  perjury. 

TEN    DAYS :      The    constitution    changes    the    time    of    residence    in    ward, 
etc.,   from  ten  days  to  twenty  days. 

(281)  §  3521.  SEC.  8.  Only  qualified  voters  identified 
with  the  party  or  organization  holding  such  primaries,  and  primaries, 
who  shall  be  residents  of  the  ward  or  precinct  when  such 
caucus  or  primary  is  held  for  ten  days  or  more  prior  to  the 
date  of  the  holding  of  such  caucus  or  primary,  shall  be  per- 
mitted to  vote  thereat,  and  if  any  person  shall  be  challenged 
on  the  ground  that  he  is  not  a  member  of  such  party  he  shall  Persons  chai- 

....  .  -,.'..         -,  ,       lenged  to  take 

be  required  to  take  the  following  oath,  to  be  administered  by  thejoiiowing 
any  person  authorized  by  law  to  administer  oaths: 

STATE  OF  MICHIGAN,  ) 

[ss. 
COUNTY  OF  .  .  \ 


oath. 


I  do  solemnly  swear  that  I  am  a  (name  of  party  or  organ- 
ization) and  a  resident  of  this  ward  for  the  last  ten  days,  and 
am  in  sympathy  with  its  aims  and  objects,  and  will  support 
its  principles  and  objects,  so  help  me  God. 

( Signature) 

Sworn  to  and  subscribed  before  me  this day 

of. .  189. . 


Notary  public    (or  other  proper  officer  au- 
thorized to  administer  oaths),  ............. 

county,  Michigan. 
Tf  any  person  who  takes  the  foregoing  oath  swears  falsely  Penalty  for 

he  shali  upon  conviction  thereof  be  subject  to  all  the  pains 

and  penalties  of  perjury. 

TEN  DAYS  :     See  note  to  previous  section. 


swear~ 


(282)  §  3522.     SEC.  9.     If  at  the  time  a  person  proposing 
to  vote  is  challenged  there  are  several  persons  Waiting  their 
turn  to  vote,  said  challenged  person  shall  stand  to  one  side 
until  after  unchallenged  voters  have  had  an  opportunity  to 
vote,  when  his  case  shall  be  taken  up  and  disposed  of:    Pro- 
vided, That  if  any  person  shall  challenge  a  qualified  voter, 
resident  of  such  ward  or  voting  precinct,  well  known  as  a 
member  of  the  party  or  organization  holding  such  primary, 
for  the  purpose  of  annoying  or  delaying  voters,  he  shall  be 
deemed  guilty  of  a  misdemeanor. 

(283)  §  3523.     SEC.  10.     No  two  parties  or  organizations 
shall  call  their  primaries  for  the  same  day,  and  the  chairman 
of  each  of  the  principal  committees  of  the  parties  having  in 
charge  the  primaries  to  be  held  for  any  stated  purpose  shall 
notify  the  city  clerk  or  recorder  of  the  time  fixed  for  his 


Challenged 
voter  to  wait 
until  others 
have  voted. 


Proviso  as  to 

malicious 

challenge. 


Two  parties 
not  to  hold 
primaries  on 
same  day. 


100 


STATE    OF   MICHIGAN. 


Council  to 
cause  political 
parties  to  hold 
primaries  at 
certain  times. 


Misdemeanor 
to  solicit 
money  from 
candidates. 


Unlawful 
solicitation 
of  votes. 


party  primaries  within  twenty-four  hours  after  the  same  is 
determined,  and  such  day  shall  be  considered  as  secured  to 
the  party  whose  committee  chairman  has  first  given  notifica- 
tion thereof. 

(284)  §  3524.     SEC.  11.    The  common  council  of  any  city 
embraced  in  this  act,  may  cause  all  of  the  different  political 
organizations  in  any  city  where  booths  are  provided  by  said 
city  to  hold  their  primaries  within  a  given  time,  and  shall 
provide  suitable  ballot  boxes  for  said  primaries. 

(285)  §  3525.     SEC.  12.     If  any  voter  shall  solicit  from 
any  candidate  for  election  at  any  primary,  or  from  any  other 
person,  or  shall  receive,  directly  or  indirectly,  from  such  can- 
didate or  from  any  other  person  any  money,  or  promise  of 
place  or  position  or  any  valuable  consideration  of  any  kind, 
for  his  vote  or  support  at  such  primary,  or  for  his  attendance 
thereat,  or  if  any  person  shall  vote  at  mtore  than  one  party 
primary,  each  held  for  the  nomination  of  the  same  class  of 
officers   or   delegates   before   any   one   election,   he  shall   be 
deemed  guilty  of  a  misdemeanor. 

(286)  §  3526.     SEC.  13.     Any  person  who  shall  hire  any 
carriage  or  other  conveyance,  or  cause  the  same  to  be  done, 
for  conveying  voters,  other  than  those  physically  unable  to 
walk  thereto,  to  any  primary  conducted  hereunder,  or  who 
shall  solicit  any  person  to  cast  an  unlawful  vote  at  any  pri- 
mary, or  who  shall  offer  to  any  voter  any  money  or  rewlard  of 
any  kind,  or  shall  treat  any  votei;  or  furnish  any  entertain- 
ment to  any  voter,  or  shall  promise  any  place  or  position  for 
the  purpose  of  securing  such  voter's  vote,  support  or  attend- 
ance at  such  primary  or  convention,  or  shall  cause  the  same 
to  be  done,  shall  be  deemed  guilty  of  a  misdemeanor. 

(287)  §  3527.     SEC.  14.     No  delegate  elected  to  any  city 
or  county  convention  shall  give  a  proxy  to  represent  him  at 
such  convention.     All  vacancies  occurring  in  any  delegation 
to  any  convention  shall  be  filled  by  a  majority  vote  of  such 
delegation :    Provided,  That  such  delegation  shall  not  be  per- 
mitted to  fill  any  vacancy  which  may  occur  in  its  number  by 
any  person  not  a  resident  of  the  ward  from  which  such  ab- 
sent delegate  was  chosen,  and  any  person  not  duly  elected  or 
chosen  as  hereinbefore  set  forth,  who  shall  sit  as  a  member 
of  a  delegation  in  any  convention,  or  who  shall  secure  his 
election  thereto  by  the  offer  of  any  valuable  consideration 
whatever,  or  by  the  promise  of  any  reward,  place  or  position, 
shall  be  deemed  guilty  of  a  misdemeanor. 

(288)  §  3528.     SEC.  15.     Any  delegate  or  member  of  any 
convention,  or  any  other  person  who  shall  solicit  any  candidate 
for    election     or    nomination     before    said     convention    for 
money,  reward,  position,  place  or  preferment  for  his  support 
in  such  convention,  shall  be  deemed  guilty  of  a  misdemeanor. 

(289)  §  3529.     SEC.   16.     The  board  of  inspectors  shall 
cause  the  name  and  residence  of  each  voter  to  be  registered 
at  any  primary  at  the  time  of  depositing  his  ballot:     Pro- 


Proxies  not  to 
be  given  dele- 
gation to  fill 
vacancies. 


Proviso  as  to 
delegation  fill- 
ing vacancies. 


Who  deemed 
guilty  of  a 
misdemeanor. 


When  dele- 
gate deemed 
guilty  of  a 
misdemeanor. 


Registration 
of  voters. 


LAWS   RELATING   TO    ELECTIONS.  101 


vided,  This  .section  or  act  shall  not  preclude  the  city  com-  commmee 
mittee  of  any  city    coming   within    its    provisions    adopting  rules  ^  to  teg- 


rules  before  the  holding  of  any  such  primaries  that  require 

party  registration  of  the  voters  of  such  party  in  each  ward, 

in  books  to  be  provided  by  such  committee,  such  books  to  be 

used  on  the  day  on  which  the  primaries  are  held;  and  when 

such  rules  have  been  adopted  and  registration  had,  then  only 

the  persons  registered  as  party  voters  can  vote  at  said  pri- 

mary election  :     Provided,  That  any  person  whose  name  does 

not  appear  on  the  books  of  party  registration  shall  be  al-  Same?  do  not 

lowed  to  vote  upon   taking  the  oath   prescribed  in   section  JPI*"  OI 

seven.     Said  registration,  after  the  result  has  been  declared, 

shall  be  deposited  with  and  preserved  by  the  city  clerk. 

(290)  §  3530.  SEC.  17.  The  delegates  to  a  convention  Deiegatesto 
shall  be  elected  by  ballot  and  in  the  following  manner  :  The  blifot?te< 
inspectors  shall  provide  suitable  blanks  of  uniform  size  and 
color,  not  less  than  three  by  six  inches,  to  be  used  as  ballots, 
and  at  each  primary  the  names  of  all  the  delegates  to  be  voted 
for  shall  be  written  or  printed  on  one  ballot,  and  no  name 
shall  appear  more  than  once  on  the  same  ballot.  The  person 
receiving  the  highest  number  of  votes  shall  be  declared  elected 
a  delegate,  the  person  receiving  the  next  highest  number  of 
votes  shall  be  declared  the  next  delegate,  and  so  on  in  like 
manner  until  the  full  number  of  delegates  to  which  the  ward 
or  precinct  is  entitled  shall  have  been  declared  elected,  and 
the  person  receiving  the  highest  number  of  votes  at  any  pri- 
mary for  any  ward  office  shall  be  declared  the  nominee  of  the 
party  holding  said  primary  for  the  particular  office  for  which 
he  has  been  named  :  Provided,  That  in  election  of  delegates  in  case  of  tie, 
to  a  convention  or  in  the  election  of  a  candidate  for  any  ward  draw  totsSwit 
office,  if  it  shall  appear  on  counting  the  votes  polled  at  any  slips- 
primary  that  two  or  more  persons  have  received  an  equal 
number  of  votes  for  the  same  office  and  that  a  failure  to  elect 
to  any  office  is  caused  thereby,  such  persons  shall  proceed  to 
draw  lots  for  the  election  to  said  office  in  the  following  man- 
ner: The  board  of  inspectors  for  the  ward  or  precinct  where 
such  tie  may  occur,  shall  prepare  as  many  slips  of  paper  as 
there  are  such  persons  who  have  received  the  same  number 
of  votes,  and  write  the  word  "elected"  on  as  many  slips  of 
paper  as  there  are  offices  to  be  filled,  and  the  words  "not 
elected"  on  the  remaining  slips,  and  fold  the  same  so  as  to 
conceal  the  writing,  and  so  that  they  may  appear  as  nearly 
alike  as  possible.  Said  slips  shall  be  placed  in  a  box  and  Manner  of 
each  of  such  persons  aforesaid,  or  in  his  absence  some  dis-  d 
interested  person  acting  for  him,  may  draw  one  of  said  slips 
from  the  box  and  such  person  drawing  a  slip  on  which  is 
written  the  word  "elected"  shall  be  deemed  legally  elected 
as  representative  or  nominee  of  the  party  holding  such  pri- 
mary for  the  office  in  question,  and  the  board  shall  forthwith 
give  him  a  certificate  of  such  election. 


102 


'STATE    OF    MICHIGAN. 


How  cities  of 
certain  popu- 
lation may 
conduct  pri- 
maries. 


What  acts  to 
remain  in 
force. 


Act  to  apply 
to  cities  hav- 
ing a  certain 
population. 


Penalty  for 
violation  of 
act. 


Further  penal 
ty  for  viola- 
tion of  act. 


(291)  §  3531.     SEC.  18.     The  common  council  of  any  city 
of  less  than  fifteen  thousand  population  not  embraced  in  this 
act  may,  by  ordinance  on  confirmation  of  the  voters  of  such 
city,  conduct  their  primaries  in  the  same  manner  as  those 
cities  embraced  in  this  act  under  fifty  thousand  population. 

(292)  §  3532.     SEC.  19.     All  the  provisions  of  act  three 
hundred  three,  of  the  session  laws  of  one  thousand  eight  hun- 
dred and   eighty-seven,  and  of  all  acts  amendatory  thereto, 
shall  remain  and  be  in  force  in  the  cities  embraced  in  the 
provisions  of  this  act,  and  have  the  same  force  as  in  the  state 
at  large,  except  as  to  such  matters  as  are  herein  specially  pro- 
vided for  and  applicable  to  such  cities. 

(293)  §  3533.    SEC.  20.    This  act  shall  apply  to  all  cities 
of  this  state  having  a  population  of  fifteen  thousand  and  not 
more  than  one  hundred  and  fifty  thousand  inhabitants;  the 
population  of  said  cities  to  be  determined  from  the  last  fed- 
eral or  state  census  as  the  case  may  be. 

(294)  §  3534.     SEC.  21.    Any  person  found  guilty  of  any 
offense  defined  in  this  act  as  a  misdemeanor,  shall,  upon  con- 
viction thereof,  be  sentenced  to  pay  a  fine  of  not  less  than  ten 
dollars  nor  more  than  five  hundred  dollars,  or  to  be  confined 
in  the  county  jail  not  lass  than  ten  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discre- 
tion of  the  court. 

(295)  §  3535.     SEC.  22.     Any  person  who  shall  influence 
any  voter,  delegate,  candidate  or  other  person  to  violate  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punishable  as  hereinbefore  provided. 


Annual 
meeting. 


Officers  to  be 
elected. 


CHAPTER  VII.— TOWNSHIP  ELECTIONS— DUTIES  OF 

OFFICERS. 

[Extract   from   Chap.    16,   R.    S.    1846.] 
TOWNSHIP  [MEETINGS. 

(296)  §  2275.  SEC.  8.  The  annual  meeting  of  each  town- 
ship shall  be  held  on  the  first  Monday  in  April,  in  each  year, 
and  at  such  meeting  there  shall  be  an  election  for  the  fol- 
lowing officers:  One  supervisor,  one  township  clerk,  one 
treasurer,  one  commissioner  of  highways,  as  many  overseers 
of  highways  as  shall  be  provided  for  by  law,  so  many  justices 
of  the  peace  as  there  are  by  law  to  be  elected  in  the  township, 
and  so  many  constables  as  are  to  be  elected,  not  exceeding 
four  in  number. 

Am.    1909,    Act    66. 

BOARD   OF  REVIEW:      For  election   of  this   board,   see   section   345. 
Abels    v.    Supervisors,    42  /  526  ;    Robinson    v.    Supervisors,    49  /  321  ;    People 
v.   Knight,   13/424;   Hubbard  v.   Springwells,  25/153. 


LAWS   RELATING   TO    ELECTIONS.  103 

(297)  §  2270.    SEC.  9.    Each  of  the  officers  named  in  the  Election  by 
last  preceding  section,  shall  be  chosen  by  ballot;  and  before  ballot- 
proceeding  to  choose  the  officers  hereinafter  directed  to  be 
chosen  at  such  meeting. 

As  to  the  last  clause,  see  section  328. 

INFORMAL  BALLOT:  When  the  law  requires  certain  officers  to  be 
elected  by  ballot,  there  is  and  can  be  no  such  thing  as  an  "informal"  ballot. 
— Conrad  v.  Stone,  78  /  635. 

Sec.  10  provided  for  the  election  of  overseers  of  highways.  For  the  elec- 
tion of  overseers,  see  section  316. 

(298)  §  2281.     SEC.  11.     Justices  of  the  peace  shall  sev- Term  of  office 
erally  hold  their  offices  for  four  years,  except  when  elected  to  of  jus 

fill  a  vacancy  in  office  occurring  before  the  expiration  of  the 
legal  term  of  four  years,  and  when  elected  to  fill  such  va-  - 
cancy,  they  shall  hold  during  the  unexpired  portion  of  such 
term:  Provided,  That  when  there  shall  have  been  no  previous 
election  and  classification  of  justices  of  the  peace  in  any 
township  pursuant  to  the  sixth  article  of  the  constitution  of 
this  state,  the  justices  elected  at  such  meeting  shall  be  classed 
and  divided  by  lot,  respectively,  for  one,  two,  three,  or  four 
years,  and  shall  severally  hold  their  offices  accordingly. 

Each  justice  of  the  peace  elected  to  fill  vacancy,  or  for  a  less  term  than 
four  years,  shall  take  his  oath  within  ten  days ;  justices  elected  for  full 
term  shall  qualify  on  or  before  July  4th  after  election. 

BOND  OF  JUSTICES  :     See  sections  2369-2373,  C.  L.,  1897. 

(299)  §  2282.     SEC.   12.     The  commissioner  of  highways  Term  of  office 
shall  hold  his  office  for  one  year,  and  until  his  successor  shall  sfone?of1Shigh- 
be  elected  and  qualified.  ways. 

Sec.  13  contained  certain  provisions  relative  to  school  inspectors,  that  office 
having  been  eliminated  by  the  revised  constitution. 

(300)  §  2284.     SEC.  14.     Each  of  the  officers  elected  at  Term  of  office. 
such  meetings,  except  justices  of  the  peace  and  school  inspect- 
ors, shall  hold  his  office  for  the  term  of  one  year,  and  until 

his  successor  shall  be  elected  and  duly  qualified. 

Att'y  Gen.  v.   Rice,  64  /  387. 

(301)  §  2285.     SEC.  15.    Each  township  officer  elected  at  Of  officers 

a  special  meeting  to  fill  a  vacancy,  shall  hold  his  office  during  y^cies  fiu 
the  then  unexpired  portion  of  the  regular  term  of  the  office, 
and  no  longer,  unless  again  elected. 

(302)  §  2286.     SEC.  16.    The  annual  and  special  towlnship  Meetings, 
meetings  shall  severally  be  held  at  the  place  in  the  township  where  to'  be 
where  the  last  annual  township  meeting  wlas  held,  or  at  such 

other  place  therein  as  shall  have  been  ordered  at  a  previous 
meeting,  or  when  there  has  been  no  such  previous  meeting,  at 
such  place  as  shall  be  directed  in  the  act  or  proceedings  by 
Which  the  township  w|as  organized,  unless  it  shall,  in  either 
case,  become  inconvenient  to  do  so. 

(303)  §  2287.    SEC.  17.    Whenever  it  shall  become  incon-  when  place  of 
venient  to  hold  a  township  meeting  at  the  place  designated 
therefor,  the  board  of  inspectors,  or  a  majority  of  them,  after 

having  assembled  at,  or  as  near  as  practicable  to  such  place, 


104  STATE    OF   MICHIGAN. 


and  opened  the  meeting,  and  before  receiving  any  votes,  may 
adjourn  said  meeting  to  the  nearest  convenient  place  for  hold- 
ing the  same,  and  at  such  adjourned  place  forthwith  proceed 
with  the  meeting. 

Proceedings  (304)  §  2288.  SEC.  18.  Upon  adjourning  any  township 
mnentdj°urn~  meeting,  as  provided  in  the  last  section,  the  board  of  inspect- 
ors shall  cause  proclamation  thereof  to  be  made,  and  shall 
leave  a  constable,  or  some  other  proper  person,  at  the  place 
where  such  meeting  was  opened,  to  notify  all  persons  arriv- 
ing at  such  place  that  the  meeting  has  been  adjourned,  and 
the  place  to  which  it  has  been  adjourned. 

For  what  pur-       (305)      §  2289.     SEC.  19.     Any  anniial  or  special  meeting 

maySad?oSmn.g  mav>  bv  a  vote  of  tne  meeting,  be  adjourned  to  any  other  day, 

and  from  time  to  time,  for  the  purpose  of  transacting  any 

proper  business  of  the  township,  except  for  the  election  of 

officers. 

First  meeting        (306)     §  2290.    SEC.  20.     The  first  township  meeting  after 

whenwhesi!p>     the  organization  of  any  township,  shall  be  held  on  the  first 

Monday  in  April  after  its  organization,  and  at  such  meeting 

there  shall  be  an  election  for  such  officers  as  are  by  law  to  be 

elected  at  township  meetings. 

Proceedings          (307)     §  2291.     SEC.  21.    At  the  first  township  meeting  in 

fnglntSwn-     anJ   township,    the   qualified   electors   present,    between   the 

sniP-  hours  of  nine  and  ten  o'clock  in  the  forenoon,  shall  choose 

one  of  their  number  as  moderator,  one  of  their  number  as 

clerk,  and  two  others  of  their  number  as  inspectors,  who  shall 

severally  take  the  oath  of  office  prescribed  by  the  twelfth 

article  of  the  constitution,  and  shall  conduct  the  proceedings 

of  such  meeting  in  all  respects  as  other  township  meetings 

are  required  by  law  to  be  conducted,  as  near  as  may  be,  and 

with  the  same  powers. 

The    twelfth    article    referred    to    is   of   the   constitution    of    1835,    now,    see 
section  73   infra. 

in  case  of  fail-  (308)  §  2292.  SEC.  22.  If  the  inhabitants  of  any  newly 
how™ai?edng'  organized  township  shall  fail  to  hold  their  first  township 
meeting  on  the  day  specified  by  law,  any  three  qualified  voters 
of  such  township  may  call  a  meeting  of  the  electors  of  such 
township,  for  such  township  election,  at  any  time  thereafter, 
by  posting  up  notices  thereof  in  not  less  than  three  public 
places  in  such  township,  at  least  ten  days  previous  to  the 
holding  of  such  meeting. 

who  to  admin-       (309)     §  2293.     SEC.  23.     At  such  first  township  meeting, 
ister  oaths.       ^ne  mo^eratOr  shall  administer  the  oath  of  office  to  the  other 
inspectors,  and  either  of  the  other  inspectors,  after  having 
been  so  qualified,  may  administer  the  like  oath  to  the  mod- 
erator. 

Special  town-        (310)      §  2294.     SEC.  24.     Special  township  meetings  may 
to%™a?angs  be  held  for  the  purpose  of  choosing  officers  to  fill  any  vacancy 
cies,  how  held.  thai  mav  OCcur,  if  the  township  board  shall  deem  it  expedi- 
ent, and  make  their  order  therefor;   and  in   case  the  said 
township  board  become  disorganized,  or  reduced  below  the 


LAWS    RELATING   TO    ELECTIONS.  105 

number  of  a  quorum,  as  provided  by  law,  by,  or  through  the 
death  or  removal  of  the  officers  composing  the  same,  or  from 
any  other  cause,  then  such  special  township  meeting  may  be 
called  and  proceeded  in,  in  all  respects,  as  in  the  case  of 
newly  organized  townships. 

(311)  §  2295.     SEC.  25.     Special  township  meetings  shall  special  meet 
also  be  held,  for  the  purpose  of  transacting  any  other  lawful 
business,  when  ordered  by  the  township  board,  on  a  request 

to  them  in  writing,  signed  by  any  twelve  electors  of  the  town- 
ship, specifying  therein  the  purposes  for  which  such  meeting 
is  to  be  held ;  and  the  mode  of  proceeding  at  all  special  meet- 
ings shall  be  the  same  as  at  the  annual  meetings. 

Loom  is   v.    Rogers  Twp.,   53  /  142. 

(312)  §  2296.     SEC.  26.     Every  order  for  a  special  town-  orders  for 
ship  meeting  shall  specify  the  purpose  for  which  it  is  to  be  fnlfwh 
held,  and  the  time  when,  and  the  place  where  it  shall  be  held ;  sPecify- 
and  if  any  vacancies  in  office  are  to  be  filled  at  such  meeting, 

such  order  shall  state  in  what  offices  vacancieis  exist,  how  they 
occurred,  and  who  were  the  last  incumbents,  and  if  the  va- 
cancy be  in  the  office  of  justice  of  the  peace,  such  order  shall 
also  state  at  what  time  the  constitutional  term  of  office  will 
expire. 

The  record  must  show  all  statutory  requirements  to  have  been  complied 
with.— Loomis  v.  Rogers  Twp.,  53  /  135. 

(313)  §  2297.     SEC.  27.     The  time  appointed  for  holding  within  what 
any  special  township  meeting  shall  not  be  more  than  twenty, 

nor  less  than  fifteen  days  from  the  time  of  making  the  order  to  be held, 
therefor;  and  such  order  shall  be  left  with  the  township  clerk 
within  two  days  after  the  making  thereof,  and  shall  be  re- 
corded in  his  office. 

NOTICE:  A  special  statute  fixing  a  shorter  time  for  a  meeting  for  a  par- 
ticular purpose  supersedes  pro  tanto  the  general  law. — Miller  v.  Grandy, 
13  /  540.  See  Crittenden  v.  Robertson,  13  /  61. 

(314)  §  2298.     SEC.  28.    The  said  clerk  shall,  within  two  cierk  to  give 
days  after  such  order  shall  be  left  with  him,  cause  copies  notice- 
thereof  to  be  posted  up  in  three  of  the  most  public  places  in 

the  township;  and  if  there  be  a  newspaper  printed  in  such 
township,  he  shall  also  cause  a  copy  to  be  published  therein, 
if  practicable,  at  least  five  days  before  the  day  appointed  for 
such  special  meeting. 

(315)  §  2299.    SEC.  29.    No  notice  of  the  annual  township  NO  notice  of 
meetings  shall  hereafter  be  necessary.  ?ngual  meet" 


106 


STATE    OF   MICHIGAN. 


OVERSEERS   OF   HIGHWAYS. 


[Extract    from    Ch.    XIII,    Act    283    of    1909.] 

Election  of  (316)     SEC.  6.    There  shall  also  be  elected  at  such  meeting 

overseers  and     ,      V        (_  •  i  ,  • 

poundmasters.  to  be  chosen  viva  voce,  or  in  such  manner  as  the  meeting  may 
direct,  one  overseer  of  highways  for  each  road  district,  and 
no  elector  except  a  resident  in  the  district  where  the  overseer 
is  chosen,  or  an  elector  of  the  township  having  taxable  prop- 
erty in  such  district,  shall  vote  for  said  overseer  and  as1  many 
poundmasters  as  the  meeting  may  direct:  Provided,  If  there 
shall  be  but  one  road  district  in  a  township  the  overseer  of 
highways  for  that  district  shall  be  elected  by  ballot  in  the 
same  manner  as  other  township  officers  are  elected.  No  per- 
son shall  be  eligible  to  the  office  of  overseer  of  highways  who 
is  not  a  resident  taxpayer  in  the  district  for  which  he  is 
elected  or  appointed,  and  no  person  shall  hold  the  office  of 
commissioner  and  overseer  at  the  same  time. 


Proviso. 


Qualification 
of  overseer. 


Appointment 
of  overseer. 


Notice  of 
appointment. 


[Ch.    XII,    Act   283    of    1909.] 

(317)  SEC.  2.  If  any  person  chosen  to  the  office  of  over- 
seer shall  refuse  to  serve,  or  if  his  office  shall  become  vacant, 
the  commissioner  shall,  by  warrant  under  his  hand,  appoint 
some  other  person  in  his  stead;  and  the  overseer  so  appointed 
or  designated  shall  have  the  same  powers,  be  subject  to  the 
same  orders,  and  liable  to  the  same  penalties  as  overseers 
chosen  at  township  meetings.  The  commissioner  making 
such  appointment  or  designation  shall  cause  such  warrant 
to  be  filed  in  the  office  of  the  township  clerk,  who  shall  forth- 
with give  notice  thereof  to  the  person  so  appointed  or  desig- 
nated, who  shall  give  written  notice  of  his  acceptance  to  such 
clerk  within  ten  days  after  receiving  such  notice. 

[Ch.  II,  Act  283  of  1909.] 


Overseer  to 
have  charge, 
etc.,  in  case 
of  vacancy. 


(318)  SEC.  13.  If  the  highway  commissioner  be  unable  to 
take  charge  of  the  work  on  highways  and  bridges  because  of 
sickness,  absence  or  any  other  reason,  or  in  case  of  a  vacancy 
in  the  office  of  township  highway  commissioner  through 
death,  resignation  or  otherwise,  the  overseer  of  highways  re- 
siding in  the  same  road  district  as  the  fornuer  highway  com- 
missioner resided  shall  have  charge  and  supervision  of  all 
work,  and  shall  act  in  the  place  and  stead  of  the  highway 
commissioner,  until  a  new  highway  commissioner  shall  be  ap- 
pointed or  elected,  and  shall  have  all  the  powers  and  duties 
of  such  township  highway  commissioner,  and  in  such  case 
warrants  drawn  by  him  and  countersigned  by  the  township 
clerk  shall  be  paid  by  the  township  treasurer. 


LAWS    RELATING   TO    ELECTIONS.  107 

MANNER  OF   CONDUCTING  ELECTIONS. 

[Extract   from   Chap.   16,    R.    S.   1846.] 

(319)  §  2300.     SEC.  30.     At  the  election  of  officers  re-  inspectors  of 
quired  to  be  chosen  by  ballot  at  the  annual  township  meeting,  electlon- 
the  inspectors  of  election  shall  be  the  same  as  at  the  general 
election. 

See  sections  227-9  relative  to  conducting  municipal   and  township  elections. 

(320)  §  2301.     SEC.  31.     The  township  clerk  shall  be  the  Township 
clerk  of  the  township  meeting,  and  shall  keep  faithful  min-  Sfnutes,  etc1? 
ntes  of  its  proceedings,  and  a  correct  list  of  the  persons  vot- 
ing at  the  election,  and  he  shall  enter  at  length  in  his  minutes 

every  order  or  direction,  and  all  rules  and  regulations  made 
by  such  meeting. 

'  (321)     §  2302.     SEC.  32.     If  the  township  clerk  be  absent,  when  clerk  of 
then  such  person  as  shall  be  appointed  by  the  inspectors  for  ^oinfed°bye 
that  purpose  shall  act  as  clerk  of  the  meeting,  first  taking  an  inspectors. 
oath,  to  be  administered  by  one  of  the  inspectors,  that  he  will 
faithfully  perform  the  duties  of  his  office  according  to  the 
best  of  his  ability. 

(322)  §  2303.    SEC.  33.    The  polls  of  the  election  shall  be  Polls,  when 
opened  at  seven  o'clock  in  the  forenoon,  or  as  soon  thereafter  opened- 

as  may  be,  and  shall  close  at  the  hour  of  five  o'clock  in  the 
afternoon,  and  the  inspectors  shall  cause  proclamation  to  be 
made  upon  opening  the  polls  and  shall  also  cause  proclam- 
ation to  be  made  of  the  closing  of  the  polls  one  hour,  thirty 
minutes  and  fifteen  minutes,  respectively,  before  the  closing 
thereof. 

Am.   1903,  Act  138. 

(323)  §  2304.     SEC.  34.     When  the  election  is  by  ballot,  Ballots  to  be 
the  inspectors  shall  deposit  the  ballots  in  a  box,  to  be  con-  bo?°sit 
structed,  kept  and  disposed  of,  as  near  as  may  be,  in  the  man- 
ner prescribed  in  chapter  five. 

Chap.   5  referred   to   is  R,   S.   '46,  which   is  superseded   by  the  act  of  1851, 
see  section   122  et  seque. 

(324)  §  2305.    SEC.  35.    The  ballot  shall  be  a  paper  ticket,  Ballots,  what 
with  the  names  of  the  persons  for  whom  the  elector  intends  etc.c°r 

to  vote,  written  or  printed,  or  partly  written  and  partly 
printed  thereon ;  and  shall  designate  the  office  to  which  each 
person  so  named  is  intended  by  him  to  be  chosen ;  but  no  bal- 
lot shall  contain  a  greater  number  of  names  as  designated  to 
any  office,  than  there  are  persons  to  be  chosen  at  such  election 
to  fill  such  office,  and  each  ballot  shall  be  so  folded  as  to  con 
ceal  the  contents,  and  shall  be  delivered  to  one  of  the  in- 
spectors. 

(325)  §  2306.     SEC.  36.     If  at  any  election  there  shall  be  Designation  of 
one  or  more  vacancies  to  be  supplied,  in  the  office  of  justice  0 


108 


STATE    OF   MICHIGAN. 


of  the  peace,  school  inspectors,  or  commissioners  of  highways, 
and  at  the  same  election,  any  such  officer  is  to  be  elected  for 
the  full  term,  it  shall  be  necessary  to  designate  on  the  ballot 
the  person  or  persons  voted  for  to  supply  such  vacancy  or 
vacancies. 


Challenges. 


Authority  to 
preserve 
order,  etc. 


Time  of  elect- 
ing officers. 


Proviso  as  to 
appropriation 
of  moneys. 


Questions 
upon  motions, 
how  deter- 
mined. 


The  office  of  school  inspector  is  now  obsolete. 

(320)  §  2307.  SEC.  37.  If  any  person  offering  to  vote  at 
such  election,  or  upon  any  question  arising  at  such  township 
meeting,  shall  be  challenged  as  unqualified  by  any  inspector, 
or  any  elector  entitled  to  vote  at  such  meeting,  the  inspectors 
shall  proceed  thereupon  in  the  manner  prescribed  in  chapter 
five,  in  case  of  a  challenge  at  the  general  election;  and  no 
person  whose  vote  shall  have  been  received  upon  such  chal- 
lenge, shall  be  again  challenged  upon  any  other  question, 
arising  at  the  same  township  meeting. 

See  note  to  section  323. 

(327)  §  2308.     SEC.  38.    The  inspectors,  or  officer  presid- 
ing, shall  have  the  same  authority  to  preserve  order,  to  en- 
force obedience,  and  to  commit  for  disorderly  conduct,  as  is 
possessed  by  the  board  of  inspectors  at  a  general  election. 

(328)  §  2309.    SEC.  39.    At  the  hour  of  one  o'clock  in  the 
afternoon,   there   shall   be  elected   the   other   officers  to   be 
elected  at  such  meetings  and  all  business  of  such  meetings 
requiring  a  viva  voce  vote,  except  that  required  by  section 
eight  of  this  chapter,  shall  be  then  transacted:     Provided, 
That  on  all  votes  for  the  appropriation  of  any  moneys,  or 
for  the  raising  of  any  taxes  in  said  township,  said  votes  shall 
be  taken  in  such  a  manner  that  the  moderator  of  such  meet- 
ing may  be  able,  and  shall,  upon  demand,  state  the  result  of 
each  of  said  votes,  giving  the  number  voting  for  and  the  num- 
ber voting  against  each   proposition  so  voted  upon,  all   of 
which  shall  be  duly  recorded  by  the  township  clerk  in  the 
records  of  the  proceedings  of  such  meeting. 

The  section  8  referred  to  is  section  296. 

(329)  §  2310.    SEC.  40.    All  questions  upon  motions  made 
at  township  meetings,  shall  be  determined  by  a  majority  of 
the  electors  voting;  and  the  officer  presiding  at  such  meeting 
shall  ascertain  and  declare  the  result  of  the  votes  upon  each 
question. 


LAWS  RELATING  TO  ELECTIONS.  109 


CANVASS  OF  VOTES. 

(330)  §  2311.     SEC,  41.     The  votes  given  by  ballot  shall 

be  publicly  canvassed  by  the  inspectors,  at  the  place  where  termination 
the  meeting  was  held,  and  the  result  shall  be  read  by  the  of 
clerk  to  the  persons  there  assembled;  and  such  reading  shall 
be  sufficient  notice  to  all  persons  elected  at  that  election  to 
any  office,  whose  names  are  on  the  poll  list  as  voters. 

(331)  §  2312.     SEC.  42.     Before  the  ballots  are  opened, 

they  shall  be  counted  and  compared  with  the  poll  list,  and  the  compared 
like  proceedings  shall  be  had  as  to  ballots  folded  together,  ^^  po11  list- 
and  as  to  differences  in  number,  as  are  prescribed  in  chapter 
five. 

See  note  to  section  323. 

(332)  §  2313.    SEC.  43.    The  canvass  being  completed,  and  fetsautem|nct  of 
the  result  ascertained,  the  inspectors  shall  draw1  up  a  state-  r 

ment  in  writing,  setting  forth,  in  words  at  full  length,  the 
whole  number  of  votes  given  for  each  office,  the  names  of  the 
persons  for  whom  such  votes  for  each  office  were  given,  and 
the  number  of  votes  so  given  to  each  person,  which  statement 
shall  be  certified  under  the  hands  of  the  inspectors  to  be 
correct. 

(333)  §  2314.     SEC.  44.     The  inspectors  shall  also  certify  statement  of 
upon   such   statement,   their  determination    of    the    persons  f^bTcerSfied 
elected    to    the   respective    offices,    including    as    well    those  and  recorded, 
elected  without  ballot,  as  those  elected  by  ballot;  which  state- 
ment and  certificate  of  determination  shall  be  left  with  the 
towtiship  clerk,  and  recorded  in  his  office. 

Robinson  v.   Supervisors,   49/321. 

(334)  §  2315.     SEC.  45.    The  persons  having  received  the  choice  deter- 
greatest  number  of  votes  given  for  any  office  at  such  election,  mined  by  lot- 
shall  be  deemed  and  declared  duly  elected;  and  if  two  or 

more  persons  shall  have  received  an  equal  number  of  votes 
for  the  same  office,  the  inspectors  of  election  shall  determine 
the  choice  by  lot,  and  shall  declare  and  certify  the  same  ac- 
cordingly. 

People  v.  Molitor,  23/341. 


TOWNSHIP    OFFICERS. 

(335)  §  2316.  SEC.  46.  All  officers,  except  justices  of  the  oath  of  office. 
peace,  required  to  be  elected  at  township  meetings  by  ballot, 
shall,  before  entering  upon  the  duties  of  their  offices,  and 
within  ten  days  after  notice  of  their  election,  respectively 
take  and  subscribe  the  oath  of  office  prescribed  by  the  twelfth 
article  of  the  constitution,  before  the  township  clerk,  or  some 


110 


STATE    OF   MICHIGAN. 


other  officer  authorized  to  administer  oaths,  and  file  the  same 
with  the  township  clerk,  who  shall  record  the  same;  and  such 
oath  shall  be  administered  without  reward,  and  certified  by 
the  officer  before  whom  the  same  was  taken,  with  the  date  of 
taking  the  same. 

Art.   12   referred  to,   is  of  the  constitution  of  1835,  see  section   73. 

aerks  when         (336)     §  2317.     SEC.  47.     Within  two  days  after  the  elec- 
sons°eiected.r"    tion  of  any  officers  at  a  township  meeting,  the  clerk  shall 
transmit  to  each  person  elected  to  any  township  office,  and 
whose  name  shall  not  have  been  entered  on  the  poll  list  at 
such  election  as  a  voter,  a  notice  of  his  election;  and  each 
overseer  of  highways  and  poundniaster  elected  at  such  meet- 
ing, shall,  within  ten  days  after  notice  of  his  election,  file 
with  the  said  clerk  a  notice  in  writing  of  his  acceptance,  and  in 
default  thereof  he  shall  be  deemed  to  have  refused  to  serve. 
when  justices        (337)     §  2318.    SEC.  48.    The  persons  so  elected  justices  of 
thefrtduSes>.1ii  the  peace,  shall  enter  upon  the  duties  of  their  offices  respect- 
ively, as  follows: 

1.  Those  elected  for  the  full  term  of  four  years,  on  the 
fourth  day  of  July  next  succeeding  their  election; 

2.  Those  elected  to  fill  vacancies,  and  those  elected  at  the 
first  township   meeting  in   any   new  township,   immediately 
upon  the  filing  of  their  oath  of  office  and  security  with  the 
county  clerk,  as  required  by  law. 

Hulbert   v.   Henry,   105/212. 


Justices  resid- 
ing in  new 
townships. 


Classification 
of  justices. 


Mode  of  decid- 
ing term  of 
office. 


(338)  §  2319.     SEC.  49.     When  a  new  township  shall  be 
organized,  if  there  be  one  or  more  justices  of  the  peace  re- 
siding therein,  they  shall  be  deemed  to  have  vacated  their  re- 
spective offices. 

(339)  §  2320.    SEC.  50.    Within  six  days  after  the  election 
of  justices  of  the  peace  in  such  new  township,  the  supervisor 
shall  give  notice  in  writing  to  the  justices  elected,  and  to  the 
township  clerk,  of  the  time  and  place  when  and  where  he  will 
meet  them,  to  determine  by  lot  the  classes  of  such  justices; 
which  notice  shall  be  served  at  least  six,  and  not  more  than 
twelve  days,  previous  to  the  time  appointed  therein  for  such 
meeting. 

(340)  §  2321.     SEC.  51.     At  the  time  and  place  so  ap- 
pointed, the  supervisor  and  township  clerk  shall  cause  to  be 
written  on  separate  pieces  of  paper,  as  near  alike  as  may  be, 
the  numbers  one,  two,  three,  four,  or  such  and  so  many  of 
such  numbers  as  shall  correspond  with  the  number  elected, 
and  shall  cause  them  to  be  rolled  up  as  nearly  alike  as  may 
be,  and  deposited  in  a  box ;  and  the  persons  elected  justices 
shall  severally  draw  one  of  the  said  pieces  of  paper,  and  each 
shall  be  classed  according  to  the  number  written  on  the  paper 
so  drawn  by  him,  and  shall  hold  his  office  for  the  term  as  fol- 
lows:    The  term  of  number  one  shall  expire  on  the  fourth 
day  of  July  then  next  following,  and  the  terms  of  the  others 


LAWS   RELATING    TO    ELECTIONS.  Ill 

on  the  fourth  day  of  July  in  each  succeeding  year,  respect- 
ively, according  to  the  numbers  drawn  by  them. 

(341)  §  2322.     SEC.  52.     If  any  person  elected  a  justice  when  super- 
shall  neglect  to  attend  such  drawing,  the  supervisor  shall  fofabsent™ 
draw  for  him1 ;  but  if  the  supervisor  be  absent  from  his  town-  J'us1 

ship,  or  unable  to  serve,  or  his  office  be  vacant,  the  township 
clerk  shall  give  the  notice,  and  perform  the  duties  herein  en- 
joined on  such  supervisor. 

(342)  §  2323.     SEC.   53.     Duplicate  certificates   of  such  ^Sonof 
drawing,  and  of  the  result  thereof,  shall  be  made  and  certi-  to  be  made 
fied  by  the  supervisor  and  township  clerk,  or  such  one  of  a 

them  as  shall  attend  the  same,  one  of  which  shall  be  filed 
with  the  township  clerk,  and  the  other  with  the  county  clerk, 
and  shall  be  recorded  by  said  clerks  in  the  books  in  which 
the  canvasses  of  votes  shall  have  been  recorded,  and  shall  be 
conclusive  evidence  of  the  classes  to  which  the  justices  ,so 
elected  belong. 

(343)  §  2324.     SEC.  54.     In  case  more  than  one  existing  classification 
vacancy  in  the  office  of  justices  of  the  peace  shall  be  supplied  efectiSon°to  fin 
by  election  at  any  township  meeting,  the  classes  of  the  per-  vacancies- 
sons  elected  to  fill  the  same  shall  be  determined  by  lot,  within 

the  time,  and  in  the  manner  prescribed  for  classifying  justices 
elected  in  new  townships. 

(344)  §  2325.     SEC.   55.     If  any  person  elected  to  any  Penalty  for 
township  office,  except  that  of  justice  of  the  peace,  of  whom  Suli?fy.to 
an  oath  of  office  is  required,  who  is  not  exempted  by  law 

from  holding  the  office  to  which  he  is  elected,  shall  not,  with- 
in ten  days  after  notice  of  his  election,  take  and  subscribe 
the  oath  of  office  required  by  law,  and  cause  the  same  to  be 
filed  with  the  township  clerk,  or  if  any  such  officer  of  whom 
a  bond  or  security  shall  be  required,  shall  not  file  such  bond  or 
security  within  the  time  above  limited  for  filing  his  said  oath, 
he  shall  forfeit  and  pay  the  sum  of  ten  dollars;  and  if  any 
person  elected  to  the  office  of  overseer  of  highways  or  pound- 
master,  and  not  exempted  by  law  from  holding  such  offi'ce, 
shall  refuse  to  serve,  he  shall  forfeit  and  pay  the  like  sum, 
unless  the  person  selected  shall  file  with  the  clerk  of  his  town 
ship,  within  said  ten  days,  a  written  notice  stating  that  he 
declines  accepting  the  office. 


THE  BOARDIOF   REVIEW. 

[Extract   from   Act   206   of    1893.] 

(345)     §  3851.     SEC.  28.    At  the  annual  township  meeting  Board  of  re- 
held  on  the  first  Monday  of  April  in  the  year  eighteen  hun~  oiew>  el< 
dred  and  ninety-four,  there  shall  be  elected  by  ballot,  on  the 
regular  township  ticket,  two  tax-paying  electors  of  the  town- 
ship, who  shall  be  owners  of  land  in  said  township,  to  serve 


112 


STATE    OP   MICHIGAN. 


as  members  of  the  board  of  review,  one  of  whom  shall  be 
elected  for  one  year  and  one  for  two  years,  and  annually 
thereafter  one  member  shall  be  elected  for  two  years,  who 
shall  take  the  constitutional  oath  of  office  as  other  township 
officers.  The  supervisor  and  the  two  electors  so  elected  shall 
constitute  a  board  of  review  for  such  township.  The  town- 
ship board  may  temporarily  fill  any  vacancy  which  shall 
occur  in  said  membership  of  said  board  of  review,  but  no 
member  of  such  township  board  shall  be  eligible  to  fill  such 
vacancy.  A  majority  of  said  board  of  review  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  a  less  number 
may  adjourn  from  day  to  day  and  a  majority  vote  of  those 
present  shall  decide  all  questions. 


Who  to  con- 
stitute. 

Vacancy, 
how  filled. 


Quorum,  etc. 


Am.    1901,   Act   129. 

The  above   section   is   taken   from   an   act   providing   for   the   assessment   of 
property  and  collection  of  taxes,  etc. 


RESIGNATIONS,  VACANCIES,  AND   SUPPLYING    VACANCIES. 

HOW  resigna-  (346)  §  2326.  SEC.  56.  Resignations  of  all  officers 
tionsmade.  elected  at  township  meetings  shall  be  in  writing,  signed  by 
the  officer  resigning,  and  addressed  to  the  township  board, 
and  shall  be  delivered  to  and  filed  by  the  township  clerk ;  and 
when  a  justice  of  the  peace  resigns,  such  clerk  shall  im- 
mediately transmit  a  copy  of  such  resignation,  certified  by 
him,  to  the  county  clerk. 

When  office  (347)     §  2327.     SEC.  57.     Every  township  office,  including 

vacant0"16  the  on*ice  °f  justice  of  the  peace,  shall  become  vacant,  upon 
the  happening  of  either  of  the  events  specified  in  chapter  fif- 
teen, as  creating  a  vacancy. 

VACANCIES:      See    sections   440,    442,    446,    449. 

Paw  Paw  v.   Eggleston,  25  /  39  ;   People  v.   Stellwagen,  33  /  1. 


ship  board. 


(348)  §  2328-  .SEC-  58-  Whenever  there  shall  be  a  va- 
cancJ>  or  when  the  incumbent  shall,  from  any  cause  be  unable 
made  by  town-  to  perform  the  duties  of  his  office,  in  either  of  the  township 
offi.ces>  except  that  of  justice  of  the  peace  and  township  treas- 
urer, the  township  board  may  make  temporary  appointments 
of  suitable  persons  to  discharge  the  duties  of  such  offices  re- 
spectively; and  such  persons,  so  appointed,  shall  take  the 
oath  of  office,  or  file  the  notice  of  acceptance  required  by  law, 
and  shall  continue  to  discharge  such  duties  until  the  office 
is  filled  by  election,  or  until  the  disability  aforesaid  be  re- 
moved. 

Bank  v.  St.  Joseph,  46  /  528  ;  Locke  v.  Highway  Com'r,  107  /  633.  Murphy 
v.  Montmorency  Circuit  Judge,  159  /  392.  A  township  temporarily  represented 
by  an  appointed  supervisor  has  the  same  voice  upon  the  board'  that  it  had 
before  the  vacancy.  —  Peck  v.  Supervisors,  102  /  346. 


LAWS   RELATING   TO    ELECTIONS.  113 

(349)     §  2329.    SEC.  59.    In  case  the  treasurer  of  any  town-  when  town- 
ship shall  refuse  to  serve,  or  shall  vacate  his  office  before  f^te^ppoint- 
completing  the  duties  thereof,  or  be  disabled  from  completing  ed  by  board. 
the  same,  by  reason  of  sickness  or  any  other  cause,  the  town- 
ship board  shall  forthwith  appoint  a  treasurer  for  the  re- 
mainder of  the  term,  who  shall  give  like  security,  and  be  sub- 
ject to  like  duties  and  responsibilities,  and  have  the  same 
powers  and  compensation  as  the  treasurer  in  whose  place  he 
was  appointed,  and  the  township  clerk  shall  immediately  give 
notice  thereof  to  the  county  treasurer;  but  isuch  appointment 
shall   not   exonerate   the  former   treasurer,   or  his   sureties, 
from  any  liability  incurred  by  him  or  them. 


CERTAIN  DUTIES  OF  {TOWNSHIP  CLERK  RELATIVE  TO   ELEC- 
TIONS. 

(350)  §  2339.     SEC.  66.     He  shall  transcribe  in  the  book  Minutes  of 
of  records  of  his  township  the  minutes  of  the  proceedings  of 

every  township  meeting  held  therein,  and  he  shall  enter  in 
such  book  every  order  or  direction,  and  all  rules  and  regula- 
tions made  by  any  such  township  meeting. 

Harding  v.  Bader,  75  /  318. 

(351)  §  2340.    SEC.  67.    The  township  clerk  of  each  town-  cierkstomake 
ship,  and  the  city  clerk  of  each  city,  shall,  immediately  after  officers °o 
the  qualifying  of  the  several  officers  elected  or  appointed  in  county  clerk- 
their  respective  townships  and  cities,  return  to  the  clerks  of 

their  respective  counties  the  names1  of  all  such  officers,  with 
their  respective  postoffice  addresses:  Provided,  that  the 
township  clerk  of  the  township  of  South  Manitou  in  the 
county  of  Manitou,  may  make  such  return  at  any  time  before 
the  first  day  of  June  next  after  the  election  of  such  officers. 

(352)  §  2341.    SEC.  68.    Each  township  clerk  shall,  imme-  TO  give  notice 
diately  after  the  election  of  any  justices  of  the  peace  in  his  ^stS1011  °f 
township,   transmit  a  written  notice  thereof  to  the  county 

clerk,  stating  therein  the  names  of  the  persons  so  elected,  and 
the  terms  for  which  they  were  respectively  elected ;  and  if  one 
or  more  of  them  has  been  elected  to  fill  a  vacancy,  he  shall 
state  in  such  notice  who  was  the  last  incumbent  of  the  office. 


15 


114 


STATE    OF   MICHIGAN. 


Duties  of 
treasurer. 


TOWNSHIP    TREASURER. 

(353)     §  2353.    SEC.  76.     The  township  treasurer  shall  re- 
ceive and  take  charge  of  all  moneys  belonging  to  the  town- 
ship, or  which  are  by  law  required  to  be  paid  into  the  town- 
ship treasury,  including  all  moneys  that  may  accrue  to  his 
township  on  account  of  non-resident  highway  taxes,  and  shall 
pay  over  and,  account  for  the  same,  according  to  the  order 
of  such  township,  or  the  officers  thereof  duly  authorized  in 
that  behalf;  and  shall  perform  all  such  other  duties  as  shall 
Not  to  hold      be  required  of  him  by  law;  but  no  person  shall  be  eligible  to 
thanetworyears  the  office  of  township  treasurer  for  more  than  two  years  in 

in  succession,     succession,  i  > 


COMPENSATION   OF  TOWNSHIP   OFFICERS. 


(354)  §  2374.     SEC.  95.     The  following  township  officers 
shall  be  entitled  to  compensation  at  the  following  rates  for 
each  day  actually  and  necessarily  devoted  by  them  to  the 
service  of  the  township  in  the  duties  of  their  respective  of- 
fices, to  be  verified  by  affidavit,  whenever  required  by  the 
township  boards: 

First,  The  officers  composing  the  township  boards,  board  of 
registration,  board  of  health,  inspectors  of  election,  clerks  of 
the  poll  and  commissioners  of  highways,  three  dollars  per  day, 
and  at  the  same  rate  for  parts  of  days; 

Second,  The  supervisor  for  taking  the  assessment  and  for 
all  services  not  connected  with  the  above  boards,  three  dol- 
lars per  day  and  at  the  same  rate  for  parts  of  days ; 

Third,  The  township  clerk,  as  clerk  of  the  township  board, 
three  dollars  per  day  and  at  the  same  rate  for  parts  of  days, 
but  no  township  officer  shall  be  entitled  to  pay  for  acting  in 
more  than  one  capacity  at  the  same  time. 

Am.  1907,  Act  98  ;  1911,  Act  260. 

(355)  SEC.  2.    This  act  shall  not  take  effect  until  ratified 
by  the  electors  of  said  township. 

Added   1911,    Act   260. 

Compensation        (356)      §  2375.     SEC.  90.     For  services  not  otherwise  pro- 

^?cesther  ser~    vided  for  by  law,  rendered  to  townships  by  township  officers 

in  the  duties  of  their  respective  offices,  the  township  Nboard 

shall  audit  and  allow  such  compensation  as  they  shall  deem 

reasonable. 

Sawyer-Goodman  Co.  v.  Crystal  Falls  Twp.,  56  /  597. 


Township 
officers,  com- 
pensation of. 


Boards,  etc. 


Supervisor. 


Township 
clerk. 


Ratification. 


LAWS   RELATING   TO    ELECTIONS.  115 


,  TOWNSHIP    BUSINESS    OTHER   THAN    ELECTIONS. 

(357)  §  2376.     SEC.  97.     In  the  transaction  of  any  busi-  Moderator  of 
ness  other  than  the  election  of  officers  in  any  township  meet-  meetfngP 
ing,  the  supervisor,  if  present,  shall  be  the  moderator  of  the 
meeting;  and  if  he  shall  not  be  present,  any  other  of  the  in- 
spectors of  election,  except  the  clerk,  Who  shall  be  designated 

by  the  inspectors  present,  shall  be  the  moderator ;  or  the  meet- 
ing, under  the  direction  of  the  inspectors  present,  may  elect 
viva  voce,  a  moderator  of  the  meeting. 

(358)  §  2377.     SEC.  98.     The  moderator  shall  preside  in,  Powers  and 
and  regulate  the  proceedings  of  the  meeting;  he  shall  decide  moderator, 
all  questions  of  order,  and  make  public  declaration  of  all 

votes  passed;  and  when  any  vote  so  declared  by  him  shall 
immediately  upon  such  declaration  be  questioned  by  seven  or 
more  of  the  voters,  he  shall  make  the  vote  certain  by  polling 
the  voters,  or  dividing  the  meeting,  unless  the  township  shall, 
by  a  previous  vote,  or  by  their  by-laws,  have  otherwise  pro- 
vided. 

(359)  §  2378.    SEC.  99.    No  person  shall  address  the  meet-  idem, 
ing  before  permission  obtained  of  the  moderator,  nor  while 
any  other  person  is  speaking  by  his  permission;  and  all  per- 
sons at  such  meeting  shall  be  silent  at  the  request  of.  the 
moderator. 

(360)  §  2379.    SEC.  100.    If,  at  any  township  meeting  any  Disorderly 
person  shall   conduct  himself  in  a  disorderly  manner,  and,  township11 
after  notice  from  the  moderator  shall   persist   therein,  the  meetings. 
moderator  may  order  him  to  withdraw  from  the  meeting; 

and  on  his  refusal,  may  order  the  constables,  or  any  other 
persons  to  take  him  into  custody  until  the  meeting  be  ad- 
journed. 

(361)  §  2380.    SEC.  101.    Any  person  who  shall  refuse  to  Penalty  for 
withdraw  from  such  meeting,  on  being  ordered  by  the  modera-  ordeerSofding 
tor  to  do  so,  as  provided  in  the  preceding  section,  shall,  for  moderator. 
every  such  offense,  forfeit  a  sum  not  exceeding  twenty  dol- 
lars. 


QUALIFICATIONS   OF   VOTERS  AND  OFFICERS. 

(362)  §  2381.  SEC.  102.  Each  inhabitant  of  any  town- who  may 
ship,  having  the  qualifications  of  an  elector,  as  specified  in 
the  constitution  of  this  state,  and  no  other  person,  shall  have 
a  right  to  vote  on  all  matters  and  questions  before  any  town- 
ship meeting,  and  when  any  person  claiming  the  right  to  vote 
shall  be  challenged  by  a  voter,  the  moderator  shall  proceed  in 
the  same  manner  as  on  challenges  at  the  election  of  township 
officers. 

Mudge   v.    Stebbins,    59/165;    Menton    v.    Cook,    147/540. 


116 


STATE    OF   MICHIGAN. 


Qualified 
voter,  who 
deemed. 


who  shall  be  (363)  §  2382.  SEC.  103.  No  person  except  a  citizen  of 
office!6  *  d  the  United  States  and  an  elector  m  aforesaid  shall  be  eligible 
to  any  elective  office  contemplated  in  this  chapter:  Provided 
however,  That  any  female  person  of  or  above  the  age  of 
twenty-one  years/ who  has  resided  in  this  state  six  months  and 
in  the  township  twenty  days  next  preceding  any  election, 
shall  be  eligible  to  the  office  of  school  inspector. 

The  office  of  school   inspector  is  now  obsolete. 

(364)  §  4662.  SEC.  17.  In  all  school  elections  every  citi- 
zen of  the  United  States  of  the  age  of  twenty-one  years,  male 
or  female,  who  owns  property  which  is  assessed  for  school 
taxes  in  the  district,  or  who  is  the  parent  or  legal  guardian 
of  any  child  of  school  age  included  in  the  school  census  of 
said  district,  and  who  has  resided  in  said  district  three 
months  next  preceding  such  election,  shall  be  a  qualified 
voter.  On  the  question  of  voting  school  taxes,  every  citizen 
of  the  United  States  of  the  age  of  twenty-one  years,  male  or 
female,  who  owns  property  which  is  assessed  for  school  taxes 
in  the  district,  and  who  has  resided  in  the  district,  as  above 
stated,  shall  be  a  qualified  voter:  Provided,  That  the  pur- 
chaser of  land  upon  a  land  contract,  who  actually  pays  the 
taxes  upon  such  land  and  resides  thereon,  may  vote  upon  all 
questions;  and  where  a  husband  and  wife  own  property 
jointly  and  same  is  assessed  for  school  taxes  in  the  school 
district,  each  may,  if  otherwise  qualified,  vote  upon  all  ques- 
tions including  the  question  of  raising  money. 

Am.   1909,   Act  83. 


Voting  school 
taxes. 


Proviso, 

land 

contracts. 


Husband 
and  wife. 


An  Act  authorizing  women  to  vote  in  certain  cases. 


[Act  206  of  1909.] 


Propositions 
upon  which 
women  may 
vote. 


Board  of 
registration, 
duty  of. 


The  People  of  the  State  of  Michigan  enact: 

(365)  SECTION  1.     At  any  election  hereafter  held  in  any 
village,  township,  city,  county  or  school  district  at  which  any 
question   involving  the  direct  expenditure   of  public  money 
or  the  issue  of  bonds  shall  be  submitted  to  a  vote  of  the  elec- 
tors, every  woman,  who  possesses  the  qualifications  of  male 
electors  and  has  property  assessed  for  taxes  in  any  part  of 
the  district  or  territory  to  be  affected  by  the  result  of  such 
election,  shall  be  entitled  to  vote  thereon. 

(366)  SEC.  2.    It  shall  be  the  duty  of  every  board  of  regis- 
tration,  upon   such   days  as  boards  of  registration   are  re- 
quired to  be  in  session,  to  register  the  names  of  all  women 
who  will  be  entitled  to  vote  upon  any  question  involving  the 
direct  expenditure  of  public  money  or  the  issue  of  bonds  at 
any  subsequent  election.     No  woman  shall  be  registered  un- 


LAWS   RELATING   TO    ELECTIONS.  117 

less  sihe  makes  personal  application  to  the  board  of  registra- 
tion.    It  shall  be  unlawful  for  said  boards  of  registration 
to  register  any  woman  under  authority  of  this  act,  unless  she 
possesses  the  qualifications  prescribed  for  an  elector  in  sec- 
tion one  of  article  three  of  the  constitution  and  has  property 
assessed  for  taxes :    Provided,  That  any  woman  who  possesses  proviso, 
the  qualifications  of  male  electors  and  owns  property  jointly  joint  deed' 
with  her  husband  or  other  person,  or  who  owns  property  on 
contract,   and   pays  the  taxes  thereon,   shall  be  entitled  to 
register  and  shall  have  the  right  to  vote  on  all  such  propo- 
sitions as  are  referred  to  in  this  act :    Provided  further,  That  Further 
in  all  school  elections  at  which  the  question  of  the  direct  ex-  Proviso- 
penditure  of  public  money  or  the  issue  of  bonds  is  to  be 
voted  upon,  women  shall  be  permitted  to  vote  without  regis- 
tration in  the  manner  now  provided  in  the  general  school 
law. 

(367)  SEC.  3.     It  shall  be  the  duty  of  the  various  village,  separate 
township  and  city  clerks  to  procure  and  furnish  to  the  vari-  JfJJk^tb 
ous  boards  of  registration  a  separate  register  in  which  shall  furnish,  etc. 
be  written  the  names  of  all  women  entitled  to  registration  un- 
der authority  of  this  act.    The  various  boards  of  registration  Registration 
shall  give  notice  of  the  time  and  place  where  they  will  be  n( 

in  session  and  shall  conduct  the  registration  in  the  manner 
authorized  by  sections  three  thousand  five  hundred  thirty- 
six  to  three  thousand  five  hundred  sixty-four,  inclusive,  of 
the  compiled  laws  of  eighteen  hundred  ninety-seven. 

(368)  SEC.  4.     The  propositions  herein  referred  to  shall  Ballots, 
be  printed  upon  ballots  which  shall  not  contain  any  other  ™ 
question  to  be  voted  upon  at  such  election.    All  elections  at 
which  women  vote  shall  be  conducted  and  all  ballots  shall  be 
cast,  counted  and  canvassed  in  the  manner  provided  for  by 
existing  law,  except  where  the  contrary  is  herein  expressed. 


FIRST  ELECTIONS   IN    TOWNSHIPS. 

[Extract   from   Act   156   of   1851.] 

(369)     §  2489.     SEC.  16.     Whenever  the   board   of   super-  proceedings 
visors  shall  erect  a  new  township  in  any  county,  they  shall  t£n  ofgnewa" 
designate  the  name  thereof,  the  time  and  place  of  holding  the  ^JS^F  by 
first  annual  township  meeting  therein,  and  three  electors  of  supervisors. 
such  township,  whose  duty  it  shall  be  to  preside  at  such  meet- 
ing, appoint  a  clerk,  open  and  keep  the  polls,  and  exercise 
the  same  powers  as  the  inspectors  of  election  at  any  township 
meeting.     And  in  case  any  of  the  three  electors  above  men- 
tioned shall  refuse  or  neglect  to  serve,  the  electors  of  said 
township  present  at  such  meeting  shall  have  power  to  substi- 
tute some  other  elector  of  such  township  for  each  one  so 


118  STATE    OP    MICHIGAN. 


Notice  of  neglecting  or  refusing  to  serve.  Notice  of  the  time  and  place 
s^plmeeting.  of  suck  meeting,  signed  by  the  chairman  or  clerk  of  the  board 
of  supervisors,  shall  be  posted  in  four  of  the  most  public 
places  in  such  new  township,  by  the  persons  so  designated  to 
preside  at  such  meeting,  or  by  some  person  appointed  by  such 
board  of  supervisors  for  that  purpose,  and  in  each  of  the 
townships  whose  boundaries  may  have  been  altered  by  the 
erection  of  such  new  township,  at  least  fourteen  days  before 
mlaclrst  town  homing  the  same.  They  shall  also  fix  the  place  for  holding 
ship  meeting."  the  first  township  meetings  in  the  town  or  towns  from  which 
such  new  township  shall  be  taken,  which  shall  also  be  stated 
in  the  notice  posted  in  such  last  named  township;  but 
nothing  in  this  act  shall  affect  the  rights,  or  abridge  or  en- 
large the  term  of  office  of  any  town  officer  except  justice  of 
the  peace,  in  any  such  township;  but  such  township  officer 
other  than  justice  of  the  peace,  residing  within  the  limits 
of  such  new  township,  shall  continue  to  be  such  officer  in 
such  new  township,  till  the  expiration  of  the  time  for  which 
he  was  elected,  in  the  same  manner  as  if  originally  elected 
therein;  and  the  terms  of  office  of  all  township  officers  ex- 
cept justices  of  the  peace  elected  at  such  first  township  meet- 
ing, shall  expire  on  the  first  Monday  of  April  thereafter,  or 
as  soon  thereafter  as  their  successors  are  elected  and  qualified. 

Att'y   Gen.  v.   Marr,   55/445. 


CHAPTER     VIII.— OFFENSES     AGAINST     ELECTION 

LAWS. 

PENALTIES. 

[R.   S.   1846,   Chap.  19.] 

Punishment  of  (370)  §  11437.  SECTION  1.  If  any  officer  on  whom  any 
w^fuirsnegiect  duty  is  enjoined  by  law  relative  to  general,  special,  township 
or  charter  elections,  or  the  canvassing  or  return  of  votes  given 
at  any  election,  shall  be  guilty  of  any  wilful  neglect  of 
such  duty,  or  of  any  corrupt  conduct  in  the  execution  of  the 
same,  he  shall,  on  conviction  thereof,  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  fine  not  exceeding  one 
thousand  dollars,  or  imprisonment  in  the  state  prison  not  ex- 
ceeding three  years'. 

Wattles  v.   People,   13  /  449  :   People  v.   Swift,   59  /  543. 
Information  held  good  under  this  section,   105  / 169. 

Punishment  (371)  §  11438.  SEC.  2.  If  any  person  shall  by  bribery, 
menace,  or  any  other  corrupt  means  or  device  whatever,  either 
directly  or  indirectly,  attempt  to  influence  any  elector  in  giv- 
ing his  vote,  or  deter  him  from,  or  interrupt  him  in  giving 


LAWS    RELATING    TO    ELECTIONS.  119 

the  same,  at  any  election  held  pursuant  to  the  provisions  of 
law,  such  person  shall  on  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court. 

(372)  §  11430.      SEC.   3.     Every   person   not  a  qualified  Punishment 
voter,  who  shall,  at  any  election,  wilfully  give  in  a  vote  for  votingsa 
any  officer  then  to  be  chosen;  and  every  qualified  voter  who, 

at  such  election,  shall  vote  or  offer  to  vote  in  any  township 
or  ward  in  which  he  does  not  reside,  or  who  shall  vote  or 
offer  to  vote  more  than  once  at  the  same  election,  either  in 
the  same  or  any  other  township,  or  ward,  or  shall  give  in  two 
or  more  votes  folded  together,  shall,  on  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court. 

(373)  §  11440.     SEC.  4.    Every  person  who  shall  procure,  Penalty  for 
aid  or  counsel  any  person  not  duly  qualified  to  vote  at  the 

place  where  the  vote  is  given  or  offered,  to  give  or  offer  his 
vote  at  any  such  election,  and  every  person  who  shall  pro-  vote 
cure,  aid,  or  counsel  any  person  to  go  or  come  into  any  town- 
ship or  ward  for  the  purpose  of  voting  therein,  at  any  elec- 
liori,  knowing  that  such  person  is  not  duly  qualified  to  vote 
in  such  township  or  ward,  shall  be  deemed  guilty  of  a  mist- 
demeanor,  and  on  conviction  thereof,  shall  be  punished  in  the 
manner  prescribed  in  the  third  section  of  this  chapter. 

McDade  v.   People,  29  /  55. 

(374)  §  11441.     SEC.  5.     Any  person  not  duly  authorized  Punishment 
by  law,  who  shall,  during  the  progress  of  any  election  in  this  oTblffofbT 
state,  or  after  the  closing  of  the  polls,  and  before  the  ballots  etc- 

are  counted,  and  the  result  ascertained,  break  open,  or  violate 
the  seals  or  locks  of  any  ballot  box  in  which  ballots  have  been 
deposited  at  such  election,  or  who  shall  obtain  undue 
possession  of  such  ballot  box  containing  such  ballots,  and  con- 
ceal, withhold,  or  destroy  the  same,  or  who  shall  fraudulently 
or  forcibly  add  to  or  diminish  the  number  of  ballots  legally 
deposited,  and  all  persons  aiding  or  abetting  therein,  shall  be 
adjudged  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  state  prison  for  a 
term  not  exceeding  ten  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars. 

Drennan  v.   People,   10  /  173. 

(375)  §  11442.     SEC.  6.     It  shall  be  the  duty  of  every  in-  Duty  of 
spector  of  elections,  sheriff,  constable,    and    justice    of    the  sheriff>  etc' 
peace,  knowing,  or  having  reason  to  believe  that  an  offense 
punishable  under  the  provisions  of  this  chapter,  has  been  com- 
mitted, to  cause  the  offender  forthwith  to  be  arrested,  and  to 


120 


STATE    OF    MICHIGAN. 


give  information  thereof  to  the  prosecuting  attorney  without 
delay,  and  such  prosecuting  attorney  shall  adopt  effectual 
measures  for  the  punishment  of  all  persons  who  shall  violate 
the  provisions  of  this  chapter. 

courts  to  (376)     §  11443.    SEC.  7.    It  shall  be  the  duty  of  all  courts 

jury?6  in  this  state,  having  cognizance  of  such  offenses,  at  each  term 

thereof  to  charge  the  grand  jury  to  make  presentment  of  all 

offenses  committed  within  their  respective  counties,  against 

any  of  the  provisions  of  this  chapter. 


Penalty  for 
betting  on 
election. 


BETTING  UPON    ELECTIONS. 

An  Act  to  preserve  the  purity  of  elections. 

[Act    172    of    1861.] 
The  People  of  the  State  of  Michigan  enact: 

(377)  §  11444.  SECTION  1.  That  any  person  who  shall, 
either  directly  or  indirectly,  bet,  wager,  or  hazard  any  money, 
or  other  property,  upon  the  result  of  the  election  of  any  offi- 
cer of  this  state,  or  of  the  United  States,  shall,  on  conviction 
thereof,  be  liable  to  a  fine  at  least  equal  in  amount  to  the 
amount  of  money  or  the  value  of  the  property  so  bet,  wagered 
or  hazarded:  Provided,  That  in  no  case  shall  such  fine  be 
less  than  five,  nor  more  than  five  hundred  dollars. 

Buckley  v.   Saxe,  10/328. 


Selling  pools 
on  election, 
etc.,  pro- 
hibited. 


Penalty  for 

wagering 

money. 


BETTING  UPON  NOMINATIONS. 

An  Act  to  prevent  betting  upon  the  result  of  any  political  nomina- 
tion, appointment,  or  election. 

[Act  175  of  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(378)  §  11445.  SECTION  1.  That  any  person  who  shall 
keep  any  room  or  building  for  the  purpose,  in  part  or  in 
whole,  of  recording  or  registering  bets  or  wagers,  or  of  sell- 
ing pools  upon  the  result  of  any  political  nomination,  ap- 
pointment, or  election,  and  any  person  who  shall  record  or 
register  bets  or  wagers  or  sell  pools  on  such  result,  or  any 
person  who  shall  wager  any  property,  money,  or  thing  exceed- 
ing one  hundred  dollars  in  value  on  such  result,  or  shall  keep 
or  employ  any  device  or  apparatus  for  the  purpose  of  regis- 


LAWS   RELATING   TO    ELECTIONS.  121 

tering  or  recording  bets  or  wagers,  or  the  selling  of  such 
pools,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on 
[upon]  conviction  thereof  be  punished  by  imprisonment  in 
the  county  jail  not  more  than  one  year,  or  by  fine  not  exceed- 
ing one  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment. 

(379)  §  11446.  SEC.  2.  Any  person  who  shall  wager  any  penalty  for 
property,  money  or  thing  not  exceeding  one  hundred  dollars 
in  value,  or  shall  become  the  custodian  or  depository  of  any 
money,  property,  or  thing  of  value,  staked,  wagered,  or 
pledged,  upon  the  result  of  any  political  nomination,  appoint- 
ment, or  election,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  upon  conviction  thereof  be  punished  by  imprison- 
ment in  the  county  jail  not  more  than  three  months,  or  by 
fine  not  exceeding  one  hundred  dollars,  or  by  both  such  fine 
and  imprisonment. 


BRIBERY. 

An  Act  to  maintain  political  purity. 
[Act  190  of  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(380)      §  11447.     SECTION  1.     That  the  following  persons  persons 
shall  be  guilty  of  bribery,  and  shall  be  punished  accordingly :  of  br\beryUllty 

First,  Every  person  who  shall,  directly  or  indirectly,  by 
himself  or  by  any  other  person  on  his  behalf,  give,  lend,  or 
agree  to  give  or  lend,  or  shall  offer  or  promise  any  money  or 
valuable  consideration  or  promise  or  endeavor  to  procure  any 
money  or  valuable  consideration  to  or  for  any  voter,  or  to 
or  for  any  person  on  behalf  of  any  voter,  or  to  or  for  any 
person  in  order  to  induce  any  voter  to  vote  or  refrain  from 
voting,  or  shall  corruptly  do  any  such  act  as  aforesaid,  on 
account  of  such  voter  having  voted  or  refrained  from  voting 
for  any  person,  candidate  or  ticket  at  any  public  election  in 
this  state; 

Second,  Every  person  wjho  shall,  directly  or  indirectly,  by  The  offer  or 
himself  or  by  any  other  person  on  his  behalf  give  or  pro-  offl<5!Setc.f 
cure,  or  agree  to  give  or  procure,  or  offer  or  promise  any  of- 
fice, place,  or  employment,  or  promise  to  procure  or  to  en- 
deavor to  procure  any  office,  place,  or  employment  to  or  for 
any  voter,  or  to  or  for  any  other  person  in  order  to  induce 
such  voter  to  vote  or  refrain  from  voting,  or  shall  corruptly 
do  any  such  act  as  aforesaid,  on  account  of  any  voter  having 
voted  or  refrained  from  voting  for  any  person,  candidate  or 
ticket,  at  any  such  election; 

Third,  Every  person  who  shall,  directly  or  indirectly,  by  The  empiov- 
himself  or  by  any  other  person  on  his  behalf,  make  any  gift, 
loan,  offer,  promise,  procurement,  or  agreement,  as  aforesaid,  voters- 


122 


STATE    OP   MICHIGAN. 


Who  shall  ad- 
vance money 
for  bribery  of 
a  voter. 


Penalty  for 
violating  pre- 
ceding sec- 
tions. 


Legitimate 
election  ex- 
penses. 


to  or  for  any  person,  in  order  to  induce  such  person  to  pro- 
cure or  endeavor  to  procure  the  election  of  any  penson  to 
any  public  office  in  this  state,  or  the  vote  of  any  voter  at  any 
such  election; 

Who  shall  re-        Fourth,  Every  person  who  shall  upon,  or  in  consequence  of 
aft,  etc,  an^  such  g.f^  •  iosm^  offer,   promise,   procurement,  or  agree- 
ment, procure  or  engage,  promise  or  endeavor  to  procure  the 
election  of  any  person  or  persons  to  any  public  office  or  offices 
in  this  state,  or  the  vote  of  any  voter  at  any  such  election ; 

Fifth,  Every  person  who  shall  advance,  or  pay,  or  cause  to 
be  paid  any  money  to,  or  to  the  use  of,  any  other  person, 
with  the  intent  that  such  money  or  any  part  thereof  shall  be 
expended  in  bribery  at  any  such  election,  or  who  shall  know- 
ingly pay  or  cause  to  be  paid  any  money  to  any  person  in 
discharge  or  repayment  of  any  money,  wJholly  or  in  part,  ex- 
pended in  bribery  at  any  such  election. 

(381)  §  11448.     SEC.  2.     Any  person  offending,  according 
to  the  provisions  of  the  preceding  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  two  hundred  dollar®;  but  the  bona  fide 
payment  by  any  candidate  for  office  or  other  person  for  the 
fair  and  reasonable  cost  of  printing  tickets1  and  slips  or  past- 
ers, and  of  advertising  in  the  newspapers  or  by  posters  any 
political  meeting,  and  the  reasonable  and  bona  fide  expenses 
of  holding  such  meetings  and  procuring  speaker®,  and  getting 
out  the  people  to  the  same,   of  obtaining  and   distributing 
papers  and  tickets  and  of  bringing  voters  out  to  the  polls; 
shall  be  held  to  be  expenses  lawfully  incurred,  and  the  pay- 
ment thereof  shall  not  be  a  contravention  of  this  act. 

(382)  §  11449.     SEC.  3.     The  following  persons  shall  also 
be  deemed  guilty  of  bribery  and  on  conviction  thereof  shall 
be  punished  as  prescribed  in  the  preceding  section : 

First,  Every  voter  who  shall,  before  or  during  any  election, 
directly  or  indirectly,  by  himself  or  by  any  other  person  on 
his  behalf,  ask,  solicit,  receive,  agree  or  contract  for  any 
money,  gift,  loan  or  valuable  consideration,  office,  place,  or 
employment  for  himself  or  any  other  person,  for  voting  or 
agreeing  to  vote,  or  for  refraining  or  agreeing  to  refrain  from 
voting  for  any  person,  candidate,  or  ticket  at  any  public  elec- 
tion in  this  state; 

Second,  Every  person  who  shall  after  any  election,  directly 
or  indirectly,  by  himself  or  by  any  other  person  on  his  behalf, 
receive  any  money  or  valuable  consideration  on  account  of 
any  person  having  voted  or  refrained  from  voting,  or  having 
induced  any  other  person  to  vote  or  to  refrain  from  voting  for 
any  person,  candidate,  or  ticket  at  any  such  election. 

(383)  §  11450.     SEC.  4.     No  candidate  for  any  public  of- 
fice shall  corruptly,  by  himself,  or  by  or  with  any  person,  or 
by  any  other  way  or  means  on  his  behalf,  at  any  time,  either 
before  or  during  an  election,  directly  or  indirectly  give  or 
provide,  or  cause  to  be  given  or  provided,  or  shall  be  acces- 
sory to  the  giving  or  providing,  or  shall  pay  wholly  or  in 


Others 

deemed  guilty 
of  bribery. 


Person  who 
offers  to  vote 
or  refrain  from 
voting  for 
money,  etc. 


Person  who 
after  election 
receives 
money,  etc. 


When  candi- 
dates shall 
not  provide 
refreshments. 


LAWS   RELATING   TO    ELECTIONS.  123 

part  any  expenses  incurred  for  any  meat,  drink,  refreshment, 
or  provision  to  or  for  any  person,  in  order  to  be  elected  or  for 
being  elected,  or  for  the  purpose  of  corruptly  influencing  such 
person  or  any  other  person  to  give  or  refrain  from  giving 
his  vote  at  such  election  ;  and  every  person  so  offending  shall 
be  deemed  guilty  of  corrupt  practice,  and  on  conviction  there-  Penalty. 
of  shall  be  fined  not  less  than  twenty-five  or  more  than  two 
hundred  dollars. 

(384)  §  11451.    SEC.  5.    The  giving  or  causing  to  be  given  When  others 
to  any  voter  on  any  election  day,  on  account  of  such  voter  tide  refresh- 
being  about  to  vote,  or  having  voted,  any  meat,  drink,  or  re-  ^rp&J  of 
freshment,  or  any  money  or  ticket  to  enable  such  voter  to  corrupting 
procure  refreshment,  shall  be  deemed  a  corrupt  practice,  and 
persons  convicted  thereof  shall  be  punished  ais  provided  in 

the  preceding  section. 

(385)  §  11452.    SEC.  6.    Any  person  who  shall  directly  or  intimidation 
indirectly  discharge  or  threaten  to  discharge  any  person  who  oj 

may  be  in  his  employ  for  the  purpose  of  influencing  his  vote 

at  any  election  in  this  state,  and  any  priest,  pastor,  curate 

or  other  officer  of  any  religious  association  or  society,  who 

shall  impose  or  threaten  to  impose  any  penalty  of  excom- 

munication, dismissal  or  expulsion,  or  who  shall  command 

or  advise,  under  pain  of  religious  disapproval,  for  the  pur- 

pose of  influencing  any  voter  at  an  election  in  this  state,  shall 

be  deemed  guilty  of  corrupt  practice,  and  on  conviction  there- 

of shall  be  punished  as  provided  for  in  section  four  of  this  Penalty. 

act. 

(386)  §  11453.     SEC.  7.     If  any  candidate  for  any  public  Election  of 


office  at  any  election  in  this  state  shall  commit  bribery,  or  * 


any  corrupt  practice,  as  defined  in  this  act,  the  election  of  bribery  void- 

such  candidate,  if  he  has  been  elected,  shall  be  void,  and  if  he 

shall  enter  into  the  office  for  which  he  was  elected,  an  infor- 

mation in  the  nature  of  a  quo  warranto  to  oust  him  from 

such  office,  may  be  filed  in  the  supreme  court,  or  the  proper 

circuit  court,  under  chapter  two  hundred  and  twenty-five  of 

the  compiled  laws  of  eighteen  hundred  and  seventy-one:    Pro-  proviso. 

vided,  Such  bribery  or  corrupt  practice  shall  be  proved  by  at 

least  two  witnesses. 

Chap.   225   referred  to   is  Chap.   275,   C.   L.   1897. 

(387)  §  11454.  SEC.  8.  Any  person  who  shall,  directly  Attempt  to 
or  indirectly,  by  himself,  or  by  any  other  person  on  his  behalf, 
offer  or  promise  any  office,  place  or  employment  under  the 
government  of  the  United  States,  or  promise  to  procure,  or  to 
endeavor  to  procure  any  such  office,  place  or  employment,  to 
or  for  any  member  of  the  legislature,  or  to  or  for  any  other 
person,  in  order  to  induce  such  member  of  the  legislature  to 
vote  or  refrain  from  voting  for  any  person  for  the  office  of 
United  States  senator  from  this  state,  or  shall  corruptly  do 
any  such  act  as  aforesaid,  on  account  of  any  member  of  the 
legislature  having  voted  or  refrained  from  voting  as  afore- 
said, shall  be  deemed  guilty  of  a  felony,  and  on  conviction  penalty. 


124 


STATE    OF   MICHIGAN. 


Spirituous 
liquor,  sale  of 
on  election 
day  prohib- 
ited. 


thereof  shall 'be  punished  by  imprisonment  in  the  state  prison 
for  a  period  not  exceeding  five  years,  or  by  a  fine  not  exceed- 
ing one  thousand  dollars. 

(388)  §  11455.     SEC.  9.    It  shall  be  unlawful  for  any  per- 
son to  sell,  barter,  or  give  away  any  spirituous,  vinous  or 
malt  liquors,  on  the  day  of  any  election  held  Within  this  state, 
under  the  constitution  or  laws  thereof;  and  it  shall  be  the 
duty  of  all  mayors  of  cities,  presidents  of  villages,  and  super- 
visors of  townships,  within  five  days  previous  to  the  days  of 
election  as  aforesaid,  to  issue  a  proclamation,  warning  the  in- 
habitants of  the  provisions  of  this  act,  and  that  all  violations 
of  the  same  will  subject  the  offender  to  prompt  and  speedy 
punishment,  and  requiring  sheriffs,  marshals,  constables,  and 
police  officers  to  close,  and  it  shall  be  the  duty  of  such  officers 
to  close  all  houses  or  places  found  violating  the  provisions 
of  this  act,  and  to  report  forthwith  all  violations  of  this  act, 
to  the  prosecuting  attorney  and  mayor,  president  or  super- 
visors aforesaid,  and  whose  duty  it  shall  be  to  immediately 
prosecute  such  violations  of  this  act.    Any  person  who  shall 
violate  any  of  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  nor 
more  than  one  hundred  dollars,  and  costs  of  prosecution,  and 
on  failure  to  pay  such  fine  and  costs,  shall  be  imprisoned  in 
the  county  jail  not  less  than  ten  days,  nor  more  than  ninety 
days,  or  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

(389)  §  11456.     SEC.  10.     It  shall  be  deemed  a  violation 
of  this  act  and  of  the  preceding  section  to  isell,  barter,  or 
give  away  spirituous,  vinous  or  malt  liquors  on  any  election 
day  after  the  hour  at  which,  by  law,  the  polls  are  closed. 


Penalty  for 
sale  of. 


Unlawful  to 
sell  liquor 
after  polls 
close. 


PROTECTION    OF   PRIMARIES    AND    CONVENTIONS. 

An    Act   to   protect   primary    elections    and    conventions   of   political 
parties  and  to  punish  offenses  committed  thereat. 


Certain 
actions  a  mis- 
demeanor. 


[Act  303  of  1887.] 

The  People  of  the  State  of  MicJdgan  enact: 

(390)  §  11457.  SECTION  1.  If  at  any  political  primary 
election  held  by  any  political  party,  organization  or  associa- 
tion in  this  state,  any  person  shall  falsely  personate  and  vote 
under  the  name  of  any  other  person,  or  shall  intentionally 
vote  without  the  right  to  do  so  at  such  primary,  or  shall 
fraudulently  and  wrongfully  conceal  or  destroy  ballots  cast, 
or  in  any  manner  intentionally  and  wrongfully  deposit  bal- 
lots in  the  ballot  box,  or  take  them  therefrom,  or  shall  com- 
mit any  other  fraud  or  wlrong,  tending  to  defeat  or  affect  the 


LAWS    RELATING    TO    ELECTIONS.  125 

result  of  the  election,  he  shall  be  deemed  guilty  of  a  misde- 
meanor. 

(391)  §  11458.    SBC.  2.    The  presiding  officer  and  inspect-  oathofin- 
ors  at  any  such  election   shall,  before  entering  upon  their  whotoad-  *' 
duties,  severally  sign  and  swear  to  an  oath  in  the  form  now  mimster- 
required  of  inspectors  at  general  elections,  said  oath  to  be 

taken  before  the  clerk  of  the  township,  village  or  city  in 
which  such  election  is  held,  or  an  alderman  of  the  ward  in 
which  said  election  is  held,  or  any  notary  public,  or  any  other 
person  qualified  under  the  state  to  administer  an  oath.      The  Challenge  of 
vote  or  ballot  of  any  person  offered  at  such  election  shall,  v< 
upon  challenge  by  any  lawful  voter  thereat,  be  rejected,  un- 
less he  be  sworn  as  to  his  qualifications  as1  such  voter;  and  whotoad- 
the  presiding  officer  or  any  inspector  of  such  primary  is  here-  r 
by  empowered,  and  it  shall  be  his  duty,  to  administer  an  oath 
to  such  person  and  to  any  other  persons  offering  to  vote,  as 
he  may  deem  advisable,  to  the  effect  that  he  will  true  answers 
make    to    such    questions    as  shall    be    put    to    him    touch- 
ing his  qualifications  as  a  voter  and  his  right  to  vote.     He 
may  then  be  examined  as  to  such  qualifications  and  right  to 
vote.     If  he  shall  swear  to  the  necessary  qualifications  of  a  when  vote  to 
voter,  as  prescribed  by  the  regulations  of  the  association  or  be  received- 
political  organization  holding  the  primary  or  convention,  his 
vote  shall  be  received.    If  the  person  so  isworn  and  examined  Penalty  for 
shall  intentionally  swear  falsely  as  to  his  qualifications  as  afng?8 
voter  he  shall  be  deemed  guilty  of  perjury,  and  shall  on  con- 
viction, be  punished  as  now  prescribed  by  law  for  the  crime 
of  perjury. 

Am.    1899,    Act   198. 

(392)  §  11459.    SEC.  3.    If  any  person  acting  as  inspector,  Certain  acts 
teller  or  canvasser  at  any  isuch  primary  election  shall  know-  efc^TmL0-^' 
ingly  receive  the  vote  of  any  individual"  who  shall    have  been  demeanor, 
challenged,  or  who  is  known  to  him  not  to  be  entitled  by 

the  regulations  of  the  association  holding  the  primary  elec- 
tion to  vote  at  such  primary,  unless  the  same  shall  be  first 
sworn  in  as  aforesaid,  or  shall  in  any  manner  fraudulently 
and  Wrongfully  deposit  or  put  any  ballots  into,  or  take  any 
from  the  ballot  box  of  said  primary  election,  or  shall  fraudu- 
lently and  wrongfully  mix  any  ballots  with  those  cast  at  said 
primary  election,  or  shall  knowingly  make  any  false  count, 
canvass,  statement,  certificate  or  return  of  the  ballots  cast 
or  vote  taken  at  any  such  primary  election  he  shall  be  deemed 
guilty  of  a  misdemeanor. 

After  several  ineffectual  attempts  to  elect  a  temporary  chairman  of  a  nom- 
inating convention,  a  like  number  of  votes  being  cast  for  each  of  the  opposing 
candidates,  the  vote  of  one  of  the  delegates  was  challenged  on  the  ground 
that  the  vote  in  the  caucus  at  which  he  claimed  to  have  been  elected  was  a 
tie.  and  that  thereupon  the  matter  was  determined  between  the  contesting 
candidates  as  follows :  A  bystander  drew  from  his  pocket  a  handful  of 
coins,  and  the  candidates  made  their  choice  of  odd  or  even,  and  a  counting 
of  the  coins  resulted  in  favor  of  the  sitting  delegate.  The  chair  thereupon 
appointed  a  committee  on  credentials,  who  reported  that  the  sitting  dele- 
gate was  not  entitled  to  his  seat  in  the  convention.  And  it  is  held  that 
the  appointment  of  such  committee  was  proper  and  that  their  determination 
is  fully  sustained  by  authority. — Beck  v.  Election  Commissioners,  103  / 192. 


126 


STATE    OF    MICHIGAN. 


Certain  acts 
of  delegate  a 
misdemeanor. 


"Primary 
election," 
how 
construed. 


Who  may 
vote. 


Punishment 
for  offenses. 


Primary  elec- 
tion not  to  be 
held  in  saloon, 
etc. 


Caucuses, 
time. 


Notice  of. 


Proviso. 


(393)  §  11460.     SEC.  4.     If  any  person  elected  a  delegate 
at  any  such  primary  or  convention  shall  accept  or  receive  any 
money  or  valuable  thing  as  a  consideration  for  hits  vote  as 
such  delegate  he  shall  be  [deemed]  guilty  of  a  misdemeanor. 

(394)  §  11461.    SEC.  5.    The  words  "primary  election,"  as 
used  in  this  act,  shall  be  construed  so  as  to  embrace  all  elec- 
tions held  by  any  political  party,  convention,  organization  or 
association,  or  delegates  therefrom,  for  the  purpose  of  choos- 
ing candidates  for  office  or  the  election  of  delegates  to  other 
conventions,   or  for  the  purpose  of  electing  officers  of  any 
political  party,   organization,  convention  or  association. 

(395)  §  11462.     SEC.  6.     No  person  shall  be  entitled  to 
vote  at  any  primary  election  unless  of  the  age  of  twenty-one 
years  and  a  duly  qualified  elector  of  the  state. 

(396)  §  11463.    SEC.  7.    The  punishment  of  any  of  the  of- 
fenses in  this  act  declared  to  be  misdemeanors  shall  be  a  fine 
not  exceeding  one  thousand  dollar®,  or  imprisonment  not  ex- 
ceeding one  year,  or  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 

(397)  §  11464.     SEC.   8.     No   primary  election   shall   be 
held  in  a  saloon,  barroom,  or  in  any  place  adjacent  to  a  room] 
or  place  where  intoxicating  liquors  are  sold.     Polling  places 
at  primary  elections  may  be  so  arranged  that  the  ballots  may 
be  received  through  an  open  window,  but  where  the  polling 
or  ballot  box  is  inside  the  room  shall  be  sufficiently  large  to 
admit  a  reasonable  number  of  persons  in  addition  to  the  in- 
spectors, clerks  and  challengers. 

(398)  §  11465.    SEC.  9.    Primary  elections  known  as  cau- 
cuses for  the  nomination  of  candidates  for  local  offices  and 
for  the  appointment   of  delegates   to  conventions,   shall   be 
made  to  begin  at  two  o'clock  in  the  afternoon  and  to  continue 
until  eight  o'clock  in  the  evening,  and  at  least  five  days'  no- 
tice thereof  shall  be  given   by  publication   in   one  or  more 
daily  newspapers  in  places  where  such  papers  are  published, 
and  in  other  cases  by  posting  up  notices  in  at  least  three  pub- 
lic places  in  the  precinct  for  which  the  primary  election  is  to 
be  held.     The  manner  of  voting  at  such  elections  shall  be  by 
ballot:    Provided,  That  so  much  of  this  section  as  relates  to 
the  hours  during  which  primary  elections  shall  be  held,  and 
the  manner  of  voting  thereat,  shall  be  applicable  only  in  cities 
having  twenty-five  thousand  inhabitants  and  over,  as  by  the 
last  preceding  federal  or  state  census. 


LAWS    RELATING    TO    ELECTIONS.  127 


PURITY   OF    CONVENTIONS. 

An  Act  to  provide  for  the  purity  of  political  conventions  and  to  pro-  , 
vide  against  corruption  therein. 

[Act   203   of   1895.] 

The  People  of  the  State  of  Michigan  enact: 

(399)  §  11466.     SECTION  1.     That  no  delegate  elected  to          0 
any  city,  county,  congressional  or  state  political  convention  conention 
shall  give  a  proxy  to  any  person  to  represent  him  at  such  con- 
vention,  and  no  person  shall  receive  a  proxy  from  any  regu- 
larly elected  delegate  to  any  such  political  convention.     All  vacancies  in 

J  .  &     .  ;    i         ,.         ,  >'         delegation, 

vacancies  occurring  in  any  delegation  to  any  such  convention  how  filled. 
shall  be  filled  by  a  majority  vote  of  such  delegation;  if  in 
a  city  or  county  convention,  of  the  delegation  from  the  ward 
or  township;  if  in  a  congressional  or  state  convention,  by  a 
majority  vote  of  the  delegation  from  the  county:     Provided,  Proviso  as  to 

,1      ,    •  -.   -,         *•  i     ii         1.  filling  dele- 

That  in  a  city  or  county  convention  the  delegation  shall  not  gations. 

be  permitted  to  fill  the  vacancy  which  may  occur  in  its  num- 
ber by  any  person  not  a  resident  of  the  ward  or  township 
from  which  such  absent  delegate  was  chosen  and  represented 
by  such  delegation,  and  that  in  a  congressional  or  state  con- 
vention such  delegation  shall  not  be  filled  by  any  person  not  a 
resident  of  the  county  from  which  such  absent  delegate  was 
chosen,  and  any  person  who  shall  violate  any  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

(400)  §  11467.     SEC.  2.    Any  delegate  or  member  of  any  s°^/^^ 
such  convention  who  shall  solicit  any  candidate  for  nomina-  ward!SetcS,rby 
tion  before  such    convention,    for   money,    reward,    position,  invention  a 
place  or  preferment  for  his  support  in  such  convention,  or  misdemeanor. 
any  candidate  or  other  person  who  shall  promise  any  such 
delegate  money,  reward,  position,  place  or  preferment  for  his 
support,  or  vote,  in  such  convention,  in  favor  of  any  candi- 
date, shall  be  deemed  guilty  of  a  misdemeanor. 

(401)  §  11468.     SEC.  3.     Any  candidate  or  person  who 
shall  pay  either  money  or  other  valuable  consideration,  or 
offer  to  pay  money  or  valuable  consideration,  or  the  expenses 
of  any  delegate  or  member  to  or  at  any  such  convention  that 
may  be  incurred,  as  an  inducement  or  for  the  purpose  of  se- 
curing the  vote  of  any  such  delegate  in  favor  of  or  against 
any  candidate  that  may  come  before  such  a  convention,  shall 
be  deemed  guilty  of  a  misdemeanor. 

(402)  §  11469.  SEC.  4.      Any  person  found  guilty  of  any 
offense  defined  in  this  act  as  a  misdemeanor  shall,  upon  con-  act. 
viction  thereof,  be  sentenced  to  pay  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars,  or  to 

be  confined  in  the  county  jail  not  less  than  ten  days  nor  more 
than  six  months,  or  both  such  fine  and  imprisonment  in  the  dis- 
cretion of  the  court  having  jurisdiction  thereof. 


128 


STATE    OF    MICHIGAN. 


Exciting  dis- 
turbances, 
unlawful. 


Penalty. 


DISTURBANCES. 

[Extract  from   R.   S.   1846,   Chap.   158.] 

(403)  §  11709.  .  SEC.  20.  If  any  person  shall  make  or  ex- 
cite any  disturbance  or  contention  in  any  tavern,  store  or 
grocery,  manufacturing  establishment,  or  any  other  business 
place  or  in  any  street,  lane,  alley,  highway,  public  building, 
grounds  or  park,  or  at  any  election  or  other  public  meeting 
where  citizens  are  peaceably  and  lawfully  assembled,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
before  any  justice  of  the  peace  or  police  justice,  be  punished  by 
a  fine  not  exceeding  twenty-five  dollars  and  costs  of  prosecu- 
tion, or  by  imprisonment  in  the  county  jail  not  more  than 
ninety  days,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court  or  magistrate. 

Am.  1909,  Act  211. 
Ware   v.    Judge,    75/495. 


CLOSING   OF    SALOONS. 


Saloons,  clos- 
ing of,  etc. 


Time, 


"Closed, 
defined. 


Proviso. 


[Extract   from  Act   313   of   1887.] 

(404)  §  5395.  SEC.  17.  All  saloons,  restaurants,  bars  in 
taverns  or  elsewhere,  and  all  other  places,  except  drug 
stores,  where  any  of  the  liquors  mentioned  in  this 
act  are  sold  or  kept  for  sale,  either  at  wholesale 
or  retail,  shall  be  closed  on  the  first  day  of  the 
Week,  commonly  called  Sunday,  on  all  general  or  any 
regular  city,  township  or  village  election  days,  on  Decora- 
tion day,  Thanksgiving  day,  Labor  day,  Christmas  day,  New 
Year's  day,  Fourth  of  July,  and  on  general  or  local  primary 
election  days  until  after  the  close  of  the  polls,  and  until  seven 
o'clock  of  the  following  morning,  and  on  each  week  day  night 
from  and  after  the  hour  of  nine  o'clock,  until  seven  o'clock 
of  the  morning  of  the  succeeding  day.  It  shall  be  the  duty 
of  sheriffs,  marshals,  constables  and  police  officers  to  close 
all  saloons,  houses  or  places  that  shall  be  found  open  in 
violation  of  the  provisions  of  this  section,  and  to  report  forth- 
with all  such  violations  to  the  prosecuting  attorney,  whose 
duty  it  shall  be  to  immediately  prosecute  for  such  violations. 
The  word  "closed"  in  this  section  shall  be  construed  to  apply 
to  the  back  door  or  other  entrance,  as  well  as  to  the  front 
door;  and  in  prosecutions  under  this  section  it  shall  not  be 
necessary  to  prove  that  any  liquor  was  sold :  Provided,  That 
in  all  cities,  incorporated  villages  and  townships  of  not  less 
than  one  thousand  population,  exclusive  of  villages  where 
there  is  police  protection,  the  common  council,  or  board  of 
trustees,  or  council,  or  township  board,  may  by  ordinance 


LAWS    RELATING    TO    ELECTIONS.  129 

allow  the  saloons  and  other  places  where  said  liquor  shall  be 
sold  to  open  at  six  o'clock  in  the  forenoon  and  to  remain 
open  not  later  than  eleven  o'clock  in  the  afternoon  and  no 
longer  of  any  week  day  night,  except  on  general  or  any  regu- 
lar city,  township  or  village  election  days,  Decoration  day, 
Thanksgiving  day,  Labor  day,  Christmas  day,  New  Year's 
day,  Fourth  of  July,  and  on  general  or  local  primary  election 
days  until  after  the  close  of  the  polls :  Provided,  That  in  Proviso,  may 
cities  of  forty  thousand  population  and  over,  the  council  may  exten( 
by  ordinance  extend  the  closing  hour  to  twelve  o'clock  mid- 
night. Any  person  found  in  the  act  of  violating  any  of  the  violations, 
provisions  of  this  section  shall  be  deemed  guilty  of  a  breach 
of  the  peace  and  punished  accordingly;  and  the  arrest  there- 
for may  be  without  process.  All  officers  authorized  to  make 
arrests  for  a  breach  of  the  peace  shall  have  like  power  to 
make  arrests  under  the  provisions  of  this  section  as  in  other 
cases  of  a  breach  of  the  peace. 

Am.   1909,  Act   291  ;   1911,   Act   170. 

SHALL  BE  CLOSED:  The  meaning  of  the  term  "closed"  is,  that  the 
sales  at  least  shall  be  entirely  stopped  and  the  traffic  shut  off  effectually, 
so  that  drinking  and  the  conveniences  for  drinking  shall  be  no  longer  ac- 
cessible, and  those  who  frequent  saloons  for  that  purpose  shall  be  dispersed. 
— Kurtz  v.  People,  33  /  281.  The  person  who  engages  in  the  business  of 
carrying  on  a  saloon  must  at  his  peril  see  that  no  necessity  exists  for  keep- 
ing the  same  open,  by  carrying  on  any  other  business  therein,  which  would 
require  the  doors  to  be  open,  or  for  persons  to  enter  therein. — People  v. 
Waldvogel,  49/338:  People  v.  Blake,  52/568;  People  v.  Roby,  52/577; 
People  v.  Minter,  59  /  558.  A  saloon  cannot  be  opened  on  such  a  day  even 
for  the  purpose  of  cleaning  it. — People  v.  Waldvogel,  49  /  337 ;  People  v. 
Roby,  52  /  577  ;  People  v.  Higgins,  56  / 163.  And  if  any  outsider  has  access 
for  any  purpose,  for  no  matter  how  short  a  time,  the  law  is  violated. — 
People  v.  Higgins,  56  / 159.  A  saloon  Is  not  closed,  so  long  as  it  is  pos- 
sible for  persons  desiring  liquor  to  get  in  peaceably,  by  any  entrance,  or  so 
long  as  any  customer  who  is  inside  at  the  time  for  closing  remains  in- 
side ;  and  it  is  not  important  that  there  is  no  one  attending  the  bar,  if 
the  liquor  is  accessible. — People  v.  Cummerford,  58  /  328.  In  a  city  which 
has  adopted  the  primary  election  system  and  nominates  cand'dates  for  local 
offices  on  a  fixed  day,  it  is  a  violation  of  this  section  to  keep  saloons  open 
on  such  day. — People  v.  Doyle,  160  /  423. 

SALOON :  Three  rooms  opened  into  one  another  and  the  rear  one  had 
an  outer  door.  A  bar  in  the  front  room  and  the  back  ones  were  used 
for  card  playing  and  drinking.  Between  the  front  and  back  rooms  was  a 
hole  in  the  wall.  Held,  that  the  saloon  Included  the  three  rooms. — People 
v.  Higgins,  56  / 159.  See,  also,  People  v.  Scranton,  61  /  244.  If  a  saloon- 
keeper connects  his  living  rooms  with  his  saloon  proper  and  permits  the 
free  passage  of  customers  back  and  forth,  sometimes  serving  liquors  in  his 
living  rooms,  the  whole  will  be  considered  a  saloon. — People  v.  Cox,  70  / 
247  :  People  v.  Talbot,  120  /  486. 

SALE  NOT  NECESSARY:  The  purpose  of  the  statute  is  to  prevent  the 
sale  of  liquors  on  hoi 'days  in  any  place  of  resort  for  refreshments. — People 
v.  Hobson,  48  /  27.  The  object  Is  not  merely  to  punish  the  sale,  but  to 
remove  the  danger  that  advantage  might  be  taken  of  the  saloon's  being  onen 
to  sell  clandestinely  what,  on  other  days,  is  sold  openly. — People  v.  Beller, 
73  /  641.  Therefore  an  actual  sale  of  liquor  is  not  necessary  to  constitute 
an  opening  under  the  law. — People  v.  Cummerford.  58  /  328  :  People  v.  Rob- 
bins,  70  /  130  ;  People  v.  Cox.  70  /  247  ;  People  v.  Hughes,  86  /  184. 

BREACH  OF  THE  PEACE :  The  provision  allowing  officers  to  close,  on 
their  own  determination,  places  of  sale  and  to  arrest  parties  without  pro- 
CPSS  as  for  a  breach  of  the  peace,  is  unconstitutional. — Robison  v.  Miner, 
68/549;  People  v.  Rohrer,  111/31. 

17 


130 


STATE    OF   MICHIGAN. 


CHAPTER  IX.— COUNTY  OFFICERS. 


County  treas- 
urer elected 
for  two  years; 
to  give  bond. 


Office,  how 
supplied  in 
case  of  vacan- 
cy, etc. 


ELECTION   AND   QUALIFICATION. 

COUNTY   TREASURER. 

(405)  §  2534.     SEC.  35.     The  county  treasurer  shall  be 
elected  at  the  general  election  for  the  term  of  two  years,  and 
shall  be  incapable  of  holding  the  office  of  county  treasurer 
longer  than  four  in  any  period  of  six  years.    He  shall  give  a 
bond  for  the  faithful  and  proper  discharge  of  the  duties  of 
his  office  as  hereinafter  directed. 

Rice  v.   Shay,  43  /  380. 

(406)  §  2537.    SEC.  38.    In  case  the  office  of  county  treas- 
urer shall  become  vacant,  or  in  case  the  treasurer,  from  any 
cause,   shall   be  incapable  of  discharging  the  duties  of  his 
office,  the  board  of  supervisors  may,  if  in  their  opinion  the 
interests  of  the  county  require  it,  by  writing  under  their 
hands,  select  a  suitable  person  to  perform  the  duties  of  the 
treasurer;  and  such  person  so  selected,  upon  giving  such  bond 
for  the  faithful  performance  of  the  duties  of  the  office  as  the 
said  board  shall  direct,  may  perform  such  duties  until  such 
vacancy  shall  be  filled,  or  such  disability  be  removed. 

Hunt  v.  Buhrer,  133/115. 


Who  not  to 

be  treasurer. 


(407)  §  2538.  SEC.  39.  No  person  holding  the  office  of 
prosecuting  attorney,  judge  of  a  county  court,  county  clerk, 
supervisor,  or  sheriff,  shall  hold  the  office  of  county  treas- 
urer. 


Probate 
judge, 
election  of, 
terra,  etc. 


Additional 
judge. 


Powers, 
duties,  com- 
pensation, 
etc. 


JUDGE   OF   PROBATE. 

(408)  §  2549.  SEC.  51.  The  judge  of  probate  for  each  or- 
ganized county  shall  be  elected  at  the  general  election  for  the 
term  of  four  years  and  shall  have  possession  of  the  seal,  rec- 
ords, books,  files  and  papers  belonging  to  the  court  of  pro- 
bate, and  shall  keep  a  record  of  all  orders,  decrees  and  other 
official  acts  made  or  done  by  him,  which  records  may  be  in- 
spected by  all  persons  interested  without  charge.  In  counties 
having  two  hundred  fifty  thousand  inhabitants  there  shall  be 
two  judges  of  probate  who  shall  be  elected  at  alternate  bien- 
nial elections.  They  shall  have  equal  powers,  duties  and 
compensation,  except  that  the  power  of  appointment,  nomina- 
tion and  removal  of  the  several  employes  provided  by  law  for 
such  court  and  the  offices  connected  therewith,  and  the  gen- 
eral direction  and  control  of  the  business  of  such  court,  in- 
cluding the  division  of  the  work  between  the  two. judges, 
shall  be  vested  in  the  judge  having  served  for  the  longest 


LAWS    RELATING    TO    ELECTIONS.  131 

period  continuously.     Whenever    the    United    States    census  vacancies, 
shall  show  that  any  county  has  two  hundred  fifty  thousand  determined 
inhabitants,   the  additional   office  herein   provided  for  shall  and  filled- 
be  deemed  to  be  created  and  vacant,  which  vacancy  shall 
be  filled  by  appointment  of  the  governor,  and  the  person  so 
appointed  shall  hold  office  until  a  successor  is  elected  and 
qualified.     At  the  next  general  election  a  successor  to  such  successor, 
officer  shall  be  elected  who  shall  hold  office  until  his  sue-  ?ejroeofCted> 
cessor  shall  be  elected  at  the  next  alternate  biennial  election  office- 
provided  for  in  section  fourteen  of  article  seven  of  the  con- 
stitution, and  shall  have  qualified. 

Am.    1909,   Act  43. 

Election  to  fill  vacancy  in  office  of. — Secord  v.  Foutch,  44/89;  People  v. 
Palmer,  91  /  283. 

Probate  judges  are  in  no  sense  county  officers. — Douvielle  v.  Manistee  Super- 
visors, 40/585. 

COUNTY    CLERKS. 

(409)  §  2570.     SEC.  61.    The  county  clerk  in  each  organ-  Election,  term 
ized  county  shall  be  elected  at  the  general  election,  for  the  {J^ncf06' and 
term  of  two  years,  and  shall  give  a  bond  to  the  people  of  the 

state,  in  the  penal  sum  of  two  thousand  dollars,  to  be  ap- 
proved by  the  circuit  judge,  for  the  faithful  discharge  of  the 
duties  of  his  office. 

(410)  §  2575.     SEC.  66.     The  clerk  of  each  county  shall  aerk  to  trans- 
transmit  to  the  secretary  of  state  annually,  within  one  week  {fees11  to  Here- 
after the  fourth  day  of  July,  a  list,  certified  by  him,  of  all  tary  of  state- 
justices  of  the  peace  of  the  county,  stating  the  time  of  their 
respective  elections  and  their  terms  of  service,  their  postoffice 
addresses,  and  whether  elected  to  fill  a  vacancy,  and  if  so, 

what  vacancy;  and  whenever  the  county  clerk  shall  receive  AJ»  of  town- 
information  of  the  death,  removal,  or  resignation  of  any  jus-  cie?ksIand?1  y 
tice  of  the  peace  of  his  county,  it  shall  be  his  duty,  forthwith,  suPervisors- 
to  notify  the  secretary  of  state  of  such  vacancy ;  he  shall  also 
annually,  immediately  after  receiving  from  the  township  and 
city  clerks  of  his  county  the  names  and  postoffice  addresses 
of  the  township  and  city  officers,  transmit  to  the  secretary  of 
state  the  names  and  postoffice  addresses  of  the  several  town- 
ship and  city  clerks  and  supervisors,  with  the  name  of  the 
township  or  city  for  which  they  are  such  clerks  and  super- 
visors set  opposite  their  respective  names. 

SHERIFFS. 

(411)  §  2577.     SEC.   68.     The  sheriff  of  each  organized  when  sheriff 
county  shall  be  elected  at  the  general  election,  for  the  term 

of  two  years,  and  shall  give  bond  to  the  people  of  this  state 
in  the  penal  sum  of  ten  thousand  dollars,  and  with  such  suffi- 
cient sureties,  not  less  than  three  in  number,  as  the  judge 
of  the  circuit  court,  or  the  county  judge  shall  approve. 

People  v.   Mayworm,   5/146;   Lamoreaux  v.   Att'y   Gen.,   89/147. 


132 


STATE    OF    MICHIGAN. 


Two  coroners 
to  be  elected 
in  each 
county. 


CORONERS. 

(412)  §  2607.  SEC.  86.  Two  coroners  shall  be  elected  for 
each  of  the  organized  counties  of  this  state,  at  the  general 
election,  for  the  term  of  two  years,  who  shall  give  bond  to 
the  people  of  this  state,  in  such  penal  sum,  and  with  such 
sufficient  sureties,  as  the  judge  of  the  circuit  court,  or  the 
county  judge,  shall  direct  and  approve,  the  condition  of  which 
bond  shall  be  in  substance  the  same  as  that  to  be  given  by 
the  sheriff;  varying  only  in  the  description  of  the  office. 

People  v.    Cicott,   16/283. 

REGISTER   OF  DEEDS. 


Election  of. 


(413)  §  2610.     SEC.  89.     The  register  of  deeds  for  each 
organized  county  shall  be  elected  at  the  general  election,  for 
the  term  of  two  j^ears,  and  'shall  give  bond  to  the  people  of 
this  state  in  the  penal  sum  of  three  thousand  dollars,  with 
two  sureties  to  be  approved  by  the  county  treasurer,  the  con- 
dition of  which  shall  be,  that  he  shall  faithfully  and  impar- 
tially discharge  the  duties  of  his  office. 

(414)  §  2614.    SEC.  93.    If,  during  a  vacancy  in  the  office 
of  the  register  of  deeds,  or  his  absence  or  inability  to  perform 

re3ster.ties  °f  the  duties  of  his  office,  there  shall  be  no  deputy  register,  or  if 
such  deputy  be  unable  from  any  cause  to  perform  the  said 
duties,  the  judge  of  probate  of  the  county  may,  by  writing 
under  his  hand,  appoint  some  suitable  person  to  perform  the 
duties  of  register  of  deeds  for  the  time  being,  who  shall  take 
an  oath  of  office,  and  give  such  bond  as  the  said  judge  shall 
direct  and  approve. 


When  judge 
to  appoint 
person  to  per- 


Election  of. 


See  section  440. 


COUNTY  SURVEYOR. 


(415)  §  2617.  SEC.  95.  The  county  surveyors  for  each 
organized  county  shall  be  elected  at  the  general  election,  for 
the  term  of  two  years,  and  shall  give  bond  to  the  people  of 
this  state,  in  the  penal  sum  of  two  thousand  dollars,  with 
two  sureties  to  be  approved  by  the  county  treasurer,  condi- 
tioned for  the  faithful  and  impartial  discharge  of  the  duties 
of  his  office. 


Certain 
officers  to 
take  oath, 
etc. 


FILING   OATHS  AND   BONDS  BY   COUNTY   OFFICERS. 

(416)  §  2641.  SEC.  118.  Each  of  the  officers  named  in 
this  chapter,  except  notaries  public  and  prosecuting  attor- 
neys, shall,  before  entering  upon  the  duties  of  his  office,  and 
within  twenty  days  after  receiving  official  notice  of  his  elec- 
tion, or  within  twenty  days  after  the  commencement  of  the 
term  for  which  he  was  elected,  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution  of  this  state,  before  some 
officer  authorized  by  law  to  administer  oaths,  and  deposit  the 
same  with  the  clerk  of  the  proper  county,  who  shall  file  and 
preserve  the  same  in  his  office. 

FORM   OF  OATH  :     See  section  73- 


LAWS    RELATING    TO    ELECTIONS.  133 

(417)  §  2642.     SEC.   119.     Each   of  the  said  officers   of  Filing  of 
whom  a  bond  shall  be  required  by  law,  except  the  said  treas-  c 
urer,  before  entering  upon  the  duties  of  his  office,  and  within 

the  time  limited  in  the  last  preceding  section  for  depositing 
his  oath,  shall  deposit  his  bond  with  the  said  treasurer,  who 
shall  file  and  preserve  the  same  in  his  office;  and  the  said 
treasurer,  before  entering  upon  the  duties  of  his  office,  and 
within  the  time  limited  in  the  preceding  sections  for  deposit- 
ing his  oath,  shall  deposit  his  bond  with  the  clerk  of  the 
county,  who  shall  file  and  preserve  the  same  in  his  office. 

Detroit  v.  Weber,  26  /  284 ;  People  v.  Johr,  22  /  461.  An  officer  who  is 
himself  a  surety  on  the  bond  cannot  approve  it. — Stevenson  v.  Bay  City, 
26/44;  Gallery  v.  Bank,  41/172. 

(418)  §  2645.    SEC.  122.    Whenever  the  governor  shall  ap-  commission  of 
point  a  prosecuting  attorney,  the  secretary  of  state  shall  attorney  to  be 
transmit  his  commission  to  the  clerk  of  the  county  for  which  transmitted. 
such   prosecuting  attorney   was  appointed,   and   the  county 

clerk,  on  receiving  such  commission,  shall  immediately  give  cierk  to  eive 
notice  thereof  to  the  person  so  appointed. 

(419)  §  2646.     SEC.  123.     The  person  so  appointed  shall,  person 
before  entering   upon   the  duties   of   his  office,   and  within  f^e  ^th  to 
twenty  days  after  receiving  notice  of  his  appointment,  appear  before  clerk. 
before  the  county  clerk,  and  take  and  subscribe  the  oath  of 

office  prescribed  by  the  constitution,  and  file  the  same  with 
the  clerk,  who  shall  thereupon  deliver  to  the  person  so  ap- 
pointed the  commission  received  by  him  for  such  person,  and 
shall  thereupon  give  notice  to  the  secretary  of  state  of  the 
filing  of  such  oath,  and  of  the  time  of  filing  the  same. 

(420)  §  2647.     SEC.  124.     The  regular  terms  of  office  of  Term,  when  to 
the  several  county  officers  elected  at  the  general  election  .shall  c< 
commence  on  the  first  day  of  January  succeeding  their  elec- 
tion, but  those  elected  at  the  general  election,  or  at  a  special 
election,  to  fill  vacancies,  may  qualify  and  enter  upon  the 
execution  of  their  offices  immediately  after  being  notified  of 

their  election. 


CIRCUIT   COURT   COMMISSIONERS. 

An  Act  relative  to  circuit  court  commissioners,  their  election,  powers, 

and  duties. 

[Extract   from   Act    204   of   1881.] 

The  People  of  the  State  of  Michigan  enact: 

(421)  §  1064.  SECTION  1.  That  there  shall  be  elected  at  Election. 
the  next  general  election  to  be  held  in  this  state,  and  every 
two  years  thereafter,  one  circuit  court  commissioner  in  each 
of  the  organized  counties,  who  shall  enter  upon  the  discharge 
of  their  official  duties  on  the  first  day  of  January  succeeding 
their  election,  and  shall  hold  their  offices  two  years,  and  be 


134 


STATE    OF    MICHIGAN. 


County  can- 
vassers to  des- 
ignate which 
person  to  suc- 
ceed to  office. 


Must  be 
attorney. 


Oath  of  office. 


vested  with  judicial  powers  not  exceeding  those  of  a  judge 
Proviso.  of  the  circuit  court  at  chambers :  Provided,  That  in  each 
county  in  this  state  wherein  any  census  taken  by  the  author- 
ity of  this  state,  or  of  the  United  States,  shall  show  a  popula- 
tion of  twenty  thousand  or  more,  there  shall  be  elected  at  the 
general  election  next  succeeding  the  taking  of  such  census, 
and  every  two  years  thereafter,  two  such  circuit  court  com- 
missioners. 

(422)  §  1065.    SEC.  2.    Whenever,  in  any  county,  two  cir- 
cuit court  commissioners  shall  have  been  elected,  it  shall  be 
the  duty  of  the  board  of  county  canvassers  to  designate  which 
of  the  persons  so  elected  shall  succeed  to  the  office  thereto- 
fore held  by  each  circuit  court  commissioner :    Provided,  That 
if  in  any  case  the  said  board  of  county  canvassers  shall  neg- 
lect or  refuse  to  make  such  designation  it  may  be  made  by  the 
circuit  judge  of  the  judicial  circuit  of  which  such  county 
constitutes  the  whole  or  a  part. 

(423)  1066.     SEC.  3.     No  person  shall  be  elected  a  cir- 
cuit court  commissioner  unless  he  be  at  the  time  an  attorney 
and  counselor  at  law  of  the  supreme  court. 

(424)  §  1067.     SEC.  4.     Every  circuit  court  commissioner, 
before  he  shall  enter  upon  the  duties  of  his  office,  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this  state,  before  some  judge  or  clerk  of  a  court  of  record, 
and  cause  the  same  to  be  filed  by  him  in  the  office  of  the 
county  clerk  of  his  county. 

(425)  §  1080.    SEC.  17.    Each  circuit  court  commissioner, 
before  entering  on  the  performance  of  the  duties  by  this  act 
prescribed,  shall  execute  a  bond  to  the  people  of  this  state, 
with  sufficient  surety  or  sureties  to  be  approved  by  the  cir- 
cuit judge  or  clerk  of  his  county,  conditioned  for  the  faithful 
performance  of  the  duties  required  of  him  by  this  act,  in  the 
penal  sum  of  not  less  than  three  thousand  nor  more  than  five 
thousand  dollars,  in  the   discretion  of  the   circuit   judge  or 
county  clerk  by  whom  the  same  may  be  approved;  said  bond, 
when  approved,  shall  be  filed  with  the  county  clerk  of  the 
proper  county. 

(426)  §  1090.    SEC.  27.    Whenever  a  vacancy  shall  occur, 
for  any  cause,  in  the  office  of  circuit  court  commissioner  of 
any  county,  the  governor  may  fill  such  vacancy  by  the  ap- 
pointment of  a  person  eligible  to  such  office,  who  shall,  upon 
taking  the  official  oath  and  executing  and  filing  the  bond,  as 
provided  in  section  seventeen  of  this  act,  be  authorized  and 
required  to  discharge  all  the  duties  of  circuit  court  commis- 
missioner,  and  shall  be  liable  to  all  the  provisions  of  law  touch- 
ing said  office,  and  shall  hold  the  same  until  his  successor 
shall  be  duly  elected  and  qualified. 


Bond. 


Vacancy,  how 
filled. 


LAWS    RELATING    TO    ELECTIONS.  135 


An  Act  to  repeal  all  local  or  special  acts  providing  a  salary  of  one 
thousand  dollars  to  circuit  court  commissioners. 

[Act    259    of    1911.1 

The  People  of  the  State  of  Michigan  enact: 

(427)      SECTION  1.     All  local  or  special  acts  providing  a  Acts  repealed. 
salary  of  one  thousand  dollars  to  the  circuit  court  commis- 
sioners of  any  county  in  this  state  are  hereby  repealed,  to  take 
effect  December  thirty-one,  nineteen  hundred  twelve. 


COUNTY  COMMISSIONER  OF  SCHOOLS. 

[Extract   from    Act   147   of   1891.] 

(428)     §  4809.    SEC.  2.    There  'shall  be  elected  at  the  elec-  Election  o 
tion  held  on  the  first  Monday  in  April,  nineteen  hundred 
three,  and  every  fourth  year  thereafter,  in  each  county,  one 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July,  next  following  his  or  her  election, 
and  who  shall  continue  in  office  four  years,  or  until  his  or  her 
successor  shall  be  elected  and  qualified.    The  county  commis-  File  oath  and 
sioner  of  schools  elected  under  the  provisions  of  this  section  b< 
shall  file  with  the  county  clerk  for  the  county  for  which  he 
or  she  is  elected,  his  or  her  oath  of  office  and  bond,  the  same 
as  provided  in  section  one  of  this  act,  and  the  county  clerk 
shall  make  the  same  report  to  the  superintendent    of  public 
instruction  in  all  respects  as  provided  in  section  one  of  this 
act:    Provided,  That  in  the  county  of  Chippewa  the  commiis-  Proviso  as  to 
sioner  of  schools  heretofore  elected  on  the  first  Monday  in  Sunfywa 
April,  nineteen  hundred  three,  shall  hold  office  until  the  first 
day  of  January,  nineteen  hundred  nine,  or  until  his  successor 
shall  be  elected  and  qualified.    Hereafter  in  the  said  county 
of  Chippewa,  a  commissioner  of  schools  shall  be  elected  at  the 
general  election  to  be  held  in  November,  nineteen  hundred 
eight,  and  every  fourth  year  thereafter,  whose  term  of  office 
shall  commence  on  the  first  day  of  January  next  following 
his  or  her  election :     Provided,  That  in  the  county  of  Lake  Proviso  as  to 
the  commissioner  of  schools  heretofore  elected  on  the  first  ^^  county- 
Monday  in  April,  nineteen  hundred  seven,  shall  hold  office 
until  the  first  day  of  January,  nineteen  hundred  eleven,  or 
until  his  successor  shall  be  elected  and  qualified.     Hereafter 
in  the  said  county  of  Lake,  a  commissioner  of  schools  shall  be 
elected  at  the  general  election  to  be  held  in  nineteen  hun- 
dred ten  and  every  fourth  year  thereafter,  whose  term  shall 
commence  on  the  first  day  of  January  next  following  his  or 
her  election. 

Am.  1901,  Act  35  ;  1905,  Act  169  ;  1907,  Act  115. 


136 


STATE    OF    MICHIGAN. 


Eligibility. 

Teacher. 
Graduate. 


Proviso, 

teachers' 
certificate. 


Further 
proviso. 

Further 
proviso. 


Vacancy, 
how  filled. 


(429)  §  4810.     SEC.  3.     Persons  eligible  to  hold  the  office 
of  commissioner  of  schools  must  possess  the  following  quali- 
fications : 

(a)  Twelve  months  experience  as  a  teacher  in  the  public 
schools  of  this  state; 

(b)  Must  be  a  graduate  of  the  literary  department  of 
some  reputable  college,    university,   or  state  normal   school 
having  a  course  of  at  least  three  years:     Provided,  That  the 
holder  of  a  state  teacher's  certificate,  or  of  an  indorsed  first 
grade  certificate,  or  of  a  certificate  granted  in  another  state 
and  indorsed  by  the  state  board  of  education  of  this  state, 
shall  be  eligible  in  any  county:     Provided  further,  That  per- 
sons who  now  hold  the  office  of  commissioner  of  schools  shall 
be  eligible  to  succeed  themselves:     Provided  further,   That 
in  counties  employing  less  than  fifty  teachers  a  person  hold- 
ing at  the  time  of  his  or  her  election  a  second  grade  certifi- 
cate shall  be  eligible  in  the  county  where  such  certificate  was 
granted,  unless  a  person  qualified  as  heretofore  provided  can- 
not be  secured  to  fill  the  position. 

Am.    1909,   Act   222. 

«  QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  Is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina 
tion  after  election  as  commissioner,  does  not  qualify. — People  v.  Hewlett, 
94  /  165.  The  legislative  intent  is  to  keep  up  the  standard  of  teachers  by  re- 
quiring certain  educational  qualifications  in  the  persons  whose  duty  it  is  to 
examine  the  teachers  and  determine  their  fitness  for  their  work. — People 
v.  Howlett,  94  /  169.  It  was  held  that  persons  elected  to  the  ofllce  of  com- 
missioner, and  holding  the  same  after  the  amendment  of  1895,  are  eligible 
since  the  statute  is  still  the  act  of  1891,  notwithstanding  the  amendments. — 
Att'y  General  v.  Lewis,  151/81. 

(430)  §  4819.     SEC.  12.     Whenever  by  death,  resignation 
or  removal  from  office,  or  otherwise,  a  vacancy  shall  occur  in 
the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county 
and  said  board  shall  meet  at  the  office  of  the  county  clerk  on 
a  date  to  be  named  in  said  notice,  not  more  than  ten  days 
from  the  date  of  such  notice,  and  said  board  shall  appoint 
a  person  who  is  qualified  according  to  statute  to  fill  the  va- 
cancy for  the  unexpired  portion  of  the  term  of  office. 

Am.   1909,   Act  222. 


Drain  com- 
missioner, 
election  of. 


DRAIN    COMMISSIONERS. 

[Extract   from    Act    254    of    1897,    Chap.    II.] 

(431)  §  4310.  SECTION  1.  At  the  regular  biennial  election 
to  be  held  on  the  Tuesday  succeeding  the  first  Monday  in 
November,  nineteen  hundred  twelve,  and  every  second  year 
thereafter,  one  county  drain  commissioner  shall  be  elected 
in  every  organized  county  in  this  state  by  the  qualified  elect- 


LAWS    RELATING   TO    ELECTIONS.  137 

ors  thereof.  The  term  of  office  of  such  county  drain  commis-  Term  of  office, 
sioner  shall  begin  on  the  first  day  of  January  next  succeeding 
his  election  and  continue  for  a  period  of  two  years  thereafter 
and  until  his  successor  shall  be  elected  and  qualified.  In 
case  of  a  vacancy  occurring  in  the  office  of  county  drain 
commissioner  for  any  cause,  the  same  shall  be  filled  as  soon 
as  practicable  thereafter  by  the  appointment  by  ma.iority 
vote  of  the  county  clerk,  prosecuting  attorney  and  judge  of 
probate  of  the  county,  of  which  appointment  they  will  file 
their  certificate  under  their  hands  and  seals  in  the  office  of 
said  county  clerk ;  and  it  shall  be  the  duty  of  the  countv  clerk 
to  make  report  to  the  secretary  of  state  of  the  appointment 
and  qualification  of  said  county  drain  commissioner.  Such 
county  drain  commissioner  whether  elected  or  appointed  to  fill 
a  vacancy,  before  entering  upon  the  duties  of  his  office,  shall  oath  of  office, 
take,  subscribe  and  file  with  the  county  clerk  the  constitutional 
oath  of  office,  and  shall  also  within  the  same  time  execute  and 
file  with  such  county  clerk  a  bond  to  the  people  of  the  state 
of  Michigan  in  the  penal  sum  of  five  thousand  dollars  with 
two  or  more  sufficient  sureties  to  be  approved  before  filing  by 
the  county  clerk,  county  treasurer  and  ]*udo;e  of  probate,  con- 
ditioned upon  the  faithful  discharge  of  the  duties  of  his  office: 
Provided,  That  the  board  of  supervisors  of  any  county  may  fix  proviso, 
the  bond  to  be  required  of  the  drain  commissioner  at  a  dif- 
ferent amount,  when  in  its  judgment  the  same  may  be  desir- 
able. 

Am.  1899,  Act  272;  1909,  Act  118;  1911,  Act  185. 

(432)      §  4311.     SEC.  2.     All  county  drain  commissioners  present 
holding  such   office   on   December  thirty-first,  nineteen   hun- incumbents- 
dred  nine,  shall  continue  to  be  such  commissioners  until  their 
respective  successors  are  elected  and  qualified  in  accordance 
with  the  provisions  of  the  foregoing  section. 

Am.    1909,    Act   118. 

Sec.  8   which  stated  certain  officers  as  disqualified  for  the  office  of  county 
drain  commissioner  was  repealed  by  act  185  of  1911. 


MINE   INSPECTORS. 

[Extract  from  Act   163   of  1911.] 

The  People  of  the  State  of  Michigan  enact: 

(433)    SECTION  1.     There  shall  be  elected  at  the  general  when  elected, 
election  in  the  year  nineteen  hundred  twelve,  and  at  every  gen- 
eral election  thereafter  an  inspector  of  mines  for  the  term 
of  two  years  in  any  county  within  this  state  where  there  are  Term. 
iron  or  copper  mines  situated  and  working,  some  suitable  per- 
son who  is  a  citizen  of  this  state,    who  can  read  and  write  Qualifications, 
the  English  language,  and  who  has  had  at  least  ten  years' 


138 


STATE    OF   MICHIGAN. 


Present 
officers  to 
serve  pending 
elections. 


Vacancies, 
how  filled. 

Term  of  office. 


Duties. 


actual  experience  in  mining,  timbering  and  general  under- 
ground work,  or  a  person  holding  the  degree  of  mining  en- 
gineer, or  an  equivalent  degree,  and  who  shall  have  practiced 
his  profession  as  such  engineer  for  at  least  two  years. 

(434)  SEC.  2.    Until  the  election  and  qualification  of  the 
first  inspector  of  mines  to  be  elected  as  provided  by  this  act, 
the  inspector  of  mines  and  the  deputy  inspectors  heretofore 
appointed  by  any  board  of  supervisors  shall  continue  to  serve 
until  their  terms  of  office  have  expired,  and  such  board  of  su- 
pervisors where  there  are  iron  or  copper  mines  situated  and 
working  is  hereby  authorized  and  directed  to  appoint  their 
successors  and  to  remove  the  same  or  any  one  thereof  when- 
ever in  its  judgment  the  best  interests  of  owners  and  em- 
ployes may  so  require,  and  to  fill  vacancies  arising  from  any 
other  cause  than  removal,  but  no  such  inspectors  of  mines 
or  deputy  inspectors  appointed  by  or  serving  under  any  ap- 
pointment of  any  board  of  supervisors  shall  hold  office  beyond 
the  first  day  of  January  succeeding  the  election  of  the  first 
inspectors  of  mines  to  be  elected  as  provided  by  this  act.  Such 
inspectors  of  mines  and  deputy  inspectors  heretofore  appointed 
or  to  be  appointed  by  any  board  of  supervisors,  shall  per- 
form all  of  the  duties  of  inspector  of  mines  and  deputy  in- 
spectors of  mines  until  the  election  and  qualification  of  the 
first  inspectors  of  mines  to  be  elected  as  herein  provided. 

(435)  SEC.  3.    The  regular  terms  of  office  of  the  inspectors 
of  mines  to  be  so  elected  shall  commence  on  the  first  day 
of  January  succeeding  their  election. 

(436)  SEC.  4.    In  case  of  any  vacancy  in  the  office  of  the 
inspector  of  mines,  the  governor  shall  by  writing  under  his 
hand  appoint  some  suitable  person  who  is  possessed  of  the 
same  qualifications  as  the  officers  provided  for  in  section  one, 
to  perform   for  the  time  being  the  duties  required  by  law  to  be 
performed  by  such  inspector. 

(437)  SEC.  5.    The  inspector  of  mines  when  so  elected  shall 
give  bonds  in  the  sum  of  five  thousand  dollars,  with  good  and 
sufficient  sureties  to  be  approved  by  the  circuit  judge  or  judge 
of  probate  of  the  county  in  which  such  inspector  shall  be 
elected  for  the  faithful  performance  of  his  duties,  which  said 
bond  shall  be  payable  to  the  people  of  this  state  and  shall  be 
filed  with  the  clerk  of  the  county  where  he  is  so  elected. 

(438)  SEC.  6.    The  inspector  of  mines  when  so  elected  may 
appoint  one  or  more  deputy  inspectors,  not  exceeding  three, 
as  in  his  judgment  may  be  necessary  for  the  purpose  of  dis- 
charging the  duties  hereinafter  prescribed,  and  may  revoke 
such  appointments  at  his  pleasure.    Any  and  all  such  deputy 
inspectors  in  any  county  shall  be  under  the  supervision  of 
the  inspector  of  mines,  and  their  duties  shall  be  prescribed 
bv  him. 


Regular 
terms,  when 
to  commence. 


Vacancy,  how 
filled. 


Bonds, 
amount  of. 


Where  filed. 


Deputy  in- 
spectors. 


Duties. 


LAWS  RELATING  TO  ELECTIONS.  139 


APPROVAL  OF  BONDS. 

An  Act  to  provide  for  the  approval  of  the  official  bonds  of  county 
officers  by  the  board  of  supervisors. 

[Act  27  of  1873.] 

The  People  of  the  State  of  Michigan  enact: 

(439)  §  2648.  SECTION  1.  All  official  bonds  of  county 
officers  which  are  now  required  by  law  to  be  approved  by  the  to  be  ap- 
judge  of  the  circuit  court,  shall  hereafter  be  approved  by  the  EoaJdofy 
board  of  supervisors  of  the  county  in  which  said  officers  are  supervisors 
elected :  Provided,  however,  That  if  the  board  of  supervisors 
in  any  case  shall  not  have  approved  of  such  bonds  or  the 
sufficiency  of  the  sureties  thereto,  before  any  such  officer  shall 
enter  upon  the  duties  of  his  office,  the  circuit  judge  of  the 
circuit  to  which  such  county  may  be  attached,  or  the  judge 
of  probate  of  such  county  may,  on  application  of  the  officer 
so  elected,  approve  of  the  bond  and  sureties  thereto,  on  being 
satisfied  of  the  pecuniary  responsibility  of  the  sureties  to  meet 
the  exigencies  of  said  bond,  subject,  however,  to  the  approval 
of  the  board  of  supervisors  at  their  first  meeting  thereafter: 
Provided,  That  this  act  shall  not  be  in  force  or  operation  in 
Wayne  county.  county  ex- 

Section  2  repeals  "all   acts  or  parts  of  acts  contravening  the  provisions  of  ceP 
this  act." — Bay   Co.   v.    Brock,   44  /  49.      See  also  sections  416-17. 


CHAPTER  X.— RESIGNATIONS,  VACANCIES  AND  RE- 
MOVALS FROM  OFFICE. 

RESIGNATIONS. 
[Extract  from  Ch.  15,  R.  S.  of  1846.] 

(440)     §  1153.    SECTION  1.    Resignations  shall  be  made  as 

follows:  made 

1.  By  the  governor,   lieutenant  governor,   and   all  officers 
elected  by  joint  vote  of  the  senate  and  house  of  representa- 
tives: to  the  legislature; 

2.  By  officers  appointed  by  the  governor  alone,  or  by  the 
governor  by  and  with  the  advice  and  consent  of  the  senate, 
or  both  branches  of  the  legislature:  to  the  governor; 

3.  By  senators  and  representatives,  to  the  presiding  offi- 
cers of  their  respective  houses,  who  shall  immediately  trans- 
mit the  same  to  the  governor; 

4.  By  all  other  officers  who  hold  their  offices  by  election, 
except  officers  elected  at  township  meetings:  to  the  officer  or 
officers  respectively  authorized  by  law  to  order  a  special  elec- 
tion to  fill  such  offices  respectively; 


140 


STATE    OF   MICHIGAN. 


5.  By  all  other  officers  holding  their  offices  by  appoint- 
ment, and  not  by  election :  to  the  body,  board,  or  officer  that 
appointed  them. 


Sherman  v.   Supervisors,  84  /  111. 
Bird  v.    Perkins,   33  /  30. 


When  a  resignation  will  be  presumed. — • 


Duties  of 
officers,  etc., 
to  whom 
resignations 
are  made. 


(441)  §  1154.  SEC.  2.  It  shall  be  the  duty  of  all  officers, 
bodies,  or  boards  to  whom  the  resignation  of  any  office  con- 
templated in  the  last  preceding  section,  is  authorized  to  be 
made,  or  who  are  authorized  to  fill  any  vacancy  in  any  of 
said  offices,  or  to  order  a  special  election  therefor,  when  duly 
informed  of  the  existence  of  such  vacancy,  to  cause  to  be  filed 
in  the  office  of  the  secretary  of  state  a  statement  of  the  occur- 
rence, with  the  date  and  cause  of  such  vacancy. 

Secord  v.   Foutch,  44/92. 
See   section   443. 


What  events 
to  create 
vacancy. 


Proviso. 


VACANCIES. 

(442)  §  1155.  SEC.  3.  Every  office  shall  become  vacant, 
on  the  happening  of  either  of  the  following  events,  before 
the  expiration  of  the  term  of  such  office: 

1.  The  death  of  the  incumbent; 

2.  His  resignation; 

3.  His  removal  from  office; 

4.  His  ceasing  to  be  an  inhabitant  of  this  state;  or,  if  the 
office  be  local,  of  the  district,  county,  township,  city  or  vil- 
lage, for  which  he  shall  have  been  elected  or  appointed,  or 
within  Which  the  duties  of  his  office  are  required  to  be  dis- 
charged; 

5.  His  conviction  of  any  infamous  crime,  or  of  any  offense 
involving  a  violation  of  his  oath  of  office; 

6.  The  decision  of  a  competent  tribunal,  declaring  void 
his  election  or  appointment ;  or, 

7.  His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  any   official    bond,  or  to  deposit  such  oath  or 
bond  in  the  manner  and  within  the  time  prescribed  by  law: 
Provided,  That  the  supervisor  of  any  township,  in  which  the 
office  of  a  township  treasurer  or  justice  of  the  peace  may  be- 
come vacated  by   operation   of  this   act,   shall   immediately 
transmit  to  the  county  clerk  of  the  county  in  which  such 
township  treasurer  or  justice  of  the  peace  resides,  a  notice  in 
writing,  officially  signed  by  him,  informing  the  county  clerk 
that  the  office  of  such  township  treasurer  or  justice  of  the 
peace  is  vacated. 

SUBDIVISION  7 :  A  party,  however  well  entitled  to  an  office,  loses  his 
right  unless  he  files  his  oath  and  bonds. — Wayne  Auditors  v.  Benoit,  20  / 
181 ;  Paw  Paw  v.  Eggleston,  25  /  36.  But  the  directions  as  to  time  are 
not  applicable  to  a  person  to  whom  the  election  board  refuses  a  certificate, 
but  can  apply  only  to  the  person  declared  elected. — People  v.  Mayworm,  5  / 
146 ;  Wayne  Auditors  v.  Benoit,  20  / 181.  One  who  has  been  elected  to  the 
office  of  justice  of  the  peace  and  has  entered  upon  the  duties  thereof,  is 
an  officer  de  facto,  notwithstanding  his  failure  to  file  his  oath  of  office,  and 
bond  within  the  time  prescribed  by  law. — People  v.  Payment,  109  /  553. 

ACCEPTING  INCOMPATIBLE  OFFICE:  The  rule  is  well  settled  that  he 
who,  while  occupying  one  office  accepts  another  incompatible  with  the  first, 
ipso  facto  vacates  the  first  office. — Northway  v.  Sheridan,  111  /  18. 


LAWS   RELATING   TO    ELECTIONS.  141 

An  Act  in  relation  to  vacancies  in  certain  state  and  county  offices. 
[Act    190    of    1879.] 

The  People  of  the  State  of  Michigan  enact: 

(443)  §  1156.  SECTION  1.  That  in  case  a  vacancy  shall  HOW  vacan- 
occur  in  any  public  office,  which  vacancy  may  be  filled  by  offices  fflS?n 
appointment  by  the  governor  or  otherwise,  notice  of  such 
vacancy  and  of  the  facts  why  the  same  exists,  shall  within  ten 
days  after  such  vacancy  shall  occur,  be  given  in  writing  to 
the  officer,  board  or  body,  having  power  to  fill  such  vacancy 
by  appointment.  Such  notice  shall  be  given  as  follows:  If 
such  vacancy  shall  be  in  any  county  office,  excepting  county 
clerk,  by  the  clerk  of  the  county  wherein  the  same  shall 
occur;  if  in  the  office  of  the  circuit  judge  or  judges  or  record- 
ers of  said  city  courts,  by  the  clerk  of  the  county  wherein  such 
officer  may  reside  at  the  time  the  vacancy  shall  occur;  if  in 
the  office  of  county  clerk  of  any  county,  by  the  judge  of  pro- 
bate of  the  same  county;  if  in  the  office  of  secretary  of  state, 
by  the  state  treasurer,  and  in  all  other  cases  by  the  secretary 
of  state;  in  all  cases  where  a  vacancy  may  occur  in  an  office  Notice  of  va- 
the  salary  of  the  incumbent  of  which  shall  be  paid  in  whole  mSfy'  w 
or  part  from  the  state  treasury,  the  officer,  board  or  body 
having  the  appointing  power  shall  immediately  after  receiving 
notice  of  such  vacancy  notify  the  auditor  general  of  such 
vacancy. 

See   section  441. 


REMOVALS   FROM   OFFICE. 

[Extract  from   Ch.   15,  R.    S.   of  1846.] 

(444)     §  1157.     SEC.  4.     The   secretary   of   state,    auditor  Certain  offi- 

OPTS  niciv  t)f* 

general,  and  all  state  and    county  officers,  except   the   state  removed  for 
treasurer,  and  judges  of  the  supreme  and  circuit  courts,  who  misconduct. 
are,  or  shall  be  appointed  by  the  governor  alone,  or  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate, 
or  of  both  branches  of  the  legislature,  or  by  the  legislature 
without  the  concurrence  of  the  governor,  may,  for  official  mis- 
conduct, or  habitual  or  wilful  neglect  of  duty,  at  any  time 
during  the  recess  of  the  legislature,  be  removed,  and  the  va- 
cancy supplied  during  such  recess,  by  the  governor. 

NO  REMOVAL  WITHOUT  CAUSE:  Officers  cannot  be  removed  without 
cause. — People  v.  Lord,  9  /  227 ;  People  T.  Therrien,  80  / 187.  Our  state 
system  favors  appointments  for  fixed  periods  and  almost  entirely  rejects 
the  policy  of  removals  at  will. — Mead  v.  Ingham  Co.  Treasurer,  36  /  416. 
This  law  contains  no  provision  of  removal  applicable  to  county  superintend- 
ents of  the  poor.— Id.  418. 


142 


STATE    OF    MICHIGAN. 


Persons  ap- 
pointed may 
be  removed. 


Governor  may 
remove  offi- 
cers for  cer- 
tain reasons. 


When  may 
investigate. 


Officer  to  be 
given  oppor- 
tunity to  be 
heard. 


(445)  §  1158.     SEC.  5.     All  officers  who  are,  or  shall  be 
appointed  by  the  governor  to  fill  a  vacancy  which  shall  have 
existed  during  the  recess  of  the  legislature,  may  be  removed 
by  the  governor. 

(446)  §  1159.     SEC.    6.     The   governor   may    remove    all 
county  officers   chosen  by   the   electors  of  any  county  or  ap- 
pointed by  him,  and   shall   also   remove   all   justices  of   the 
peace  and  township  officers    chosen  by    the    electors  of  any 
township,  or  city  or  village  officers  chosen  by  the  electors  of 
any  city  or  village,  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him,  as  hereinafter  provided,  that  such 
officer  is  incompetent  to  execute   properly   the   duties  of  his 
office,  or  has  been  guilty  of  official  misconduct,  or  of  wilful 
neglect  of  duty,  or  of  extortion,  or  habitual  drunkenness,  or 
has  been  convicted  of  being  drunk,  or  whenever  it  shall  ap- 
pear by  a  certified  copy  of  the  judgment  of  a  court  of  record 
of  this  state  that    such  officer  after  his  election  or  appoint- 
ment shall  have  been  convicted  of  a  felony;  but  the  governor 
shall  take  no  action  upon  any  such    charges  made  to  him 
against  any  such  officer  until   the   same  shall  have  been  ex- 
hibited to  him  in  writing,    verified  by    the    affidavit  of  the 
party  making   them,   that  he  believes  the  charges  to  be  true, 
with  a  statement  of  the  prosecuting  attorney  of  the  county, 
that  in  his  opinion  the  case  demands  investigation.     But  no 
such  officer  shall  be  removed  for  such  misconduct  or  neglect 
unless  charges  thereof  shall  have  been  exhibited  to  the  gov- 
ernor, as  above  provided,  and  a  copy  of  the  same  served  on 
such  officer,  and  an  opportunity  given  him  of  being  heard  in 
his  defense. 

Miner   v.    Supervisors,    49  /  602 ;     Clay    v.    Stuart,    74  /  411 ;    Att'y    Gen.    v. 
Detroit   Com.   Council,   112  /  169. 


When  and  by 
whom  county 
clerks  may 
be  removed. 


Charges  to  be 
preferred. 


Expenses  of 
examination. 


When  gover- 
nor may  de- 
clare certain 
offices  vacant. 


(447)  §  1165.     SEC.  12.     The   judge  of  the  circuit  court 
and  the  circuit  court  commissioner  shall   have   authority,  in 
term  or  vacation,  to  remove  the  county  clerk  when  in  their 
opinion  he  is  incompetent  to  execute  properly  the  duties  of 
his  office,  or  when,  on  charges   and    evidence,    they  shall  be 
satisfied  that  he  has   been   guilty  of   official    misconduct,  or 
habitual  or  wilful  neglect  of  duty,  if  in  their  opinion  such 
misconduct  or  neglect  shall  be  a  sufficient  cause  for  such  re- 
moval; but  no  such  clerk  shall  be  removed  for  such  miscon- 
duct or  neglect,  unless  charges  thereof  shall  have  been  pre- 
ferred to  said  judge  or  commissioner,  and  notice  of  the  hear- 
ing with  a  copy  of  the  charges  delivered  to  such  clerk,  and  a 
full  opportunity  given  him  to  be  heard  in  his  defense.     All 
expense  on   the  part  of  the  prosecution  for  examination  of 
charges,  provided  for  in  the  preceding  section  of  this  act, 
shall  be  paid  by  the  counties  in  which  the  officer  to  be  ex- 
amined holds  his  office. 

(448)  §  1166.     SEC.  13.    The  office  of  state  treasurer,  com- 
missioner of  the  land  office,  or  of  any  other  collector  or  re- 
ceiver of  public  moneys,  appointed  by  the  legislature,  by  the 


LAWS    RELATING    TO    ELECTIONS.  143 

governor  alone,  or  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate,  or  of  both  branches  of  the  legis- 
lature, except  those  officers  for  whose  removal  provision  is 
otherwise  made  by  law,  may  be  declared  vacant  by  the  gover- 
nor, in  case  it  shall  appear  to  him  on  sufficient  proofs,  that 
such  treasurer,  commissioner  or  other  officer,  has  in  any  par- 
ticular wilfully  violated  his  duty. 


An  Act  to  subject  all  persons  holding  office  under  the  government 
of  the  state  of  Michigan  to  removal  from  office  for  drunkenness. 

[Act  79  of  1871.]  , 

The  People  of  the  State  of  Michigan  enact: 

• 

(449)     §  1167.     SECTION  1.     That  the  drunkenness  of  any  Drunkenness 
person  holding  office  under  the  constitution  or  laws  of  this  movaif?rom 
state  shall  be  good  cause  for  removal  from  office  by  the  au-  office- 
thority  and  in  the  manner  provided  by  law. 


SUPPLYING   VACANCIES. 

[Extract   from   Ch.   15,   R.    S.   of   1846.] 

(450)  §  1169.     SEC.  15.    When  at  any  time  there  shall  be  circuit  judge 
in  either  of  the  offices  of  county  clerk  or  prosecuting  attorney,  pTrLif^fiii 
no  officer  duly  authorized  to  execute  the  duties  thereof,  the  vacancies- 
judge  of  the  circuit  court  of  the  circuit  in  which  the  county 

where  such  vacancy  exists,   shall   be  situated,   may   appoint 
some  suitable  person  to  perform  the  duties  of  either  of  said 
officers  for  the  time  being ;  and  when  at  any  time  there  shall 
be  in  either  of  the  offices  of  sheriff,  coroner,  register  of  deeds-,  other  county 
or  county  surveyor,  no  officer  duly  authorized  to  execute  the  Ol 
duties  thereof,  some  suitable  person  may  be  appointed  by  the 
county  clerk  and  prosecuting  attorney  of  the  county  to  per- 
form the  duties  of  either  of  said  offices  for  the  time  being. 

Sayles  v.  Judge,  82  /  89  ;  Lamoreaux  v.  Att'y  Gen.,  89  / 149.  Temporary 

vacancies  in  county  offices  are  filled  by  appointment  and  not  by  election. — 
Att'y  Gen.  v.  Hollister,  59/591. 

REGISTER  OF  DEEDS  :      See  section   414. 

(451)  §  1170.     SEC.  16.    Each  of  the  persons  appointed  in  Persons  a P- 
pursuance  of  either  of  the  two  last  preceding  sections,  shall,  vacancy  t°o 
before  proceeding  to  execute  the  duties  assigned  him,  comply 

with  such  conditions  and  directions  as  shall  be  prescribed  and  etc- 
given  relative  to  oaths  and  bonds,  by  the  officer  or  officers 
appointing  him  as  aforesaid. 


144 


STATE    OF    MICHIGAN. 


An  Act  prescribing  the  manner  of  filling  vacancies  in  certain  state 

offices. 


Vacancies  in 
certain  state 
offices,  how 
filled. 


[Act  159  of  1851.] 

The  People  of  the  State  of  Michigan  enact: 

(452)  §  1172.  SECTION  1.  That  whenever,  from  any 
cause,  there  shall  be  a  vacancy  in  the  office  of  auditor  general, 
attorney  general,  secretary  of  state  or  state  treasurer,  super- 
intendent of  public  instruction,  or  commissioner  of  the  state 
land  office,  the  governor  shall  have  power  to  appoint  some 
suitable  person  to  fill  such  vacancy,  and  the  person  so  ap- 
pointed shall  take  the  same  oath  of  office,  and  give  a  bond  in 
the  same  manner  as  provided  by  law  for  the  officer  for  whose 
vacancy  he  shall  be  so  appointed;  and  such  person  shall  hold 
such  office,  unless  sooner  removed  by  competent  authority, 
until  his  successor  shall  be  elected  and  qualified  under  the 
constitution  of  this  state,  or  until* the  close  of  the  next  session 
of  the  legislature. 


DECLARING   AND   FILLING   VACANCIES 
SUPERVISORS. 


BY   BOARDS    OF 


Boards  of 
supervisors, 
power  of. 


Certain  officers 
to  five  bonds. 


Proviso. 


[Extract   from   Act    156    of   1851.] 

(453)  §  2484.  SEC.  11.  The  said  several  boards  of  super- 
visors shall  have  power  and  they  are  hereby  authorized  at  any 
meeting  thereof  lawfully  held: 

Fourteenth,  To  require  any  county  officer  whose  salary  or 
compensation  is  paid  by  the  county,  to  make  a  report  under 
oath  to  them  on  any  subject  or  matters  connected  with  the 
duties  of  his  office,  and  to  require  such  officers  to  give  bonds 
or  further  or  additional  bonds,  as  shall  be  reasonable  or  nec- 
essary, for  the  faithful  performance  of  their  respective 
duties;  and  any  such  officer  who  shall  neglect  or  refuse  to 
make  any  such  report,  or  to  give  such  bond  within  a  reason- 
able time  after  being  so  required,  may  be  removed  from  office 
by  such  board  by  a  vote  of  two-thirds  of  all  the  members  elect, 
and  the  office  declared  vacant,  and  such  board  may  fill  such 
vacancy  for  the  unexpired  portion  of  the  time  for  which  such 
officer  was  elected  or  appointed :  Provided,  That  if  the  spring 
or  fall  election  shall  occur  before  the  expiration  of  the  said 
unexpired  term,  if  the  office  be  an  elective  one,  the  vacancy 
shall  be  filled  at  such  election,  and  it  shall  be  the  duty  of 
such  board  to  give  reasonable  notice  of  such  election  to  fill 
the  vacancy. 

Am.  1905,  Act  98  ;  1909,  Act  322. 

See  section  414. 

This  subdivision  does  not  give  the  board  the  general  power  of  removal, 
but  only  for  the  two  causes  named — failure  to  report  and  neglect  to  give 
bonds. — Mead  v.  Ingham  Co.  Treasurer,  36  /  416.  Cases  of  incompetency, 
see  Trainor  v.  Wayne  Co.  Auditors,  89  / 162. 


LAWS    RELATING    TO    ELECTIONS.  145 


CHAPTER  XI.— ELECTION  OF  CERTAIN  OFFICERS. 


CIRCUIT  JUDGES. 

An  Act  to  provide  for  the  election  of  circuit  judges  and  regents  of 

the  university. 

[Act  25  of  1851.] 
The  People  of  the  State  of  Michigan  enact: 

(454)  §  3735.     SECTION  1.    That  an  election  shall  be  held 
on  the  first  Monday  in  April,  one  thousand  eight  hundred  and 
fifty-one,  and  every  sixth  year  thereafter,  in  each  of  the  judi- 
cial circuits  into  which,  under  the  revised  constitution  and 
schedule  thereto,  and  laws,  the  state  is  divided,  by  the  elect- 
ors thereof,  of  one  circuit  judge  and  one  regent  of  the  uni- 
versity, who  shall  hold  their  offices  respectively  for  the  term 
of  six  years,  and  until  their  successors  are  elected  and  quali- 
fied. 

So  far  as  relates  to  regents  of  the  university,  this  act  is  superseded  by 
the  act  immediately  following.  When  this  act  was  passed,  Const.  XIII,  6. 
provided  for  the  election  of  a  regent  in  each  judicial  circuit. 

(455)  §  3736.     SEC.  2.    The  inspectors  of  elections  in  the 
several  townships  and  Wards  in  cities  throughout  the  state, 
are  hereby  required  to  prepare  a  ballot  box  to  receive  all  bal- 
lots that  may  be  offered  at  such  election  for  circuit  judge  and 
regent  of  the  university,  both  of  which  officers  shall  be  voted 
for  on  one  ballot. 

(456)  §  3737.     SEC.  3.      The  secretary  of  state  shall,  im-  secretary  of 
mediately  after  the  passage  of  this  act,  transmit  to  the  sheriff 

of  each  county  included  within  the  several  judicial  circuits  sheriffs. 
of  this  state  a  notice  in  writing,  containing  a  brief  istatement 
of  the  contents  of  this  act,  and  he  shall  cause  a  copy  of  this 
act  to  be  published  in  such  newspapers  within  the  several 
judicial  circuits  as  he  may  deem  proper,  once  in  each  week 
from  the  date  of  the  notice  till  the  election  aforesaid. 

(457)  §  3738.    SEC.  4.    The  sheriffs  of  the  several  counties,  sheriffs  to 
on    receiving   the   notice   hereby   provided   for,    shall   forth- 

with,  in  writing,  notify  the  township  clerk  of  each  township,  etc. 
and  one  of  the  inspectors  of  election  of  each  ward  in  any  city, 
of  such  election ;  and  it  shall  be  the  duty  of  the  township  Township 
clerks  and  inspectors  of  election  receiving  said  notice  to  give  noSce  of .give 
eight  days'  notice,  except  for  the  election  in  eighteen  hundred 
and  fifty-one,  in  writing,  under  their  hands  respectively,  to 
the  electors  of  the  township  or  ward,  of  the  time  and  place 
of  holding  such  election,  by  posting  the  same  up  in  at  least 
three  public  places  in  the  township  or  ward. 
19 


146 


STATE    OF   MICHIGAN. 


Election,  can- 
vass, etc. 


County  can- 
vass, when 
held. 


Statement, 
where  re- 
turned. 


Board  of 
state  can- 


Proviso  as  to 
county  of 
Wayne. 


Commence- 
ment of  term. 


(458)  §  3739.     SEC.  5.     The  election  provided  for  by  this 
act  shall  be  conducted  in  the  same  manner  as  by  existing  laws 
is  provided  for  the  holding  of  a  general  election;  and  the 
inspectors  of  elections  shall  make  the  same  canvass,  state- 
ment and  returns,   and   they  are  hereby  invested  with  the 
same  powers  and  authority  as  are  provided  by  the  election 
laws  of  this  state  for  a  general  election. 

(459)  §  3740.    SEC.  6.    The  county  canvass  for  the  several 
circuit  judges  and  regents  of  the  university,  shall  be  on  the 
second  Tuesday  succeeding  the  election,   and  shall  be  con- 
ducted in  all  respects  in  the  same  manner,  and  returns  shall 
be  made  in  the  same  manner  and  within  the  same  time  as  is 
provided  by  existing  laws  for  the  canvass  of  representatives 
to  congress;  but  the  county  clerks  of  the  several  counties 
shall  transmit  one  of  the  certified  copies  of  the  statement  of 
votes  to  the  state  treasurer,  instead  of  the  auditor  general. 

(460)  §  3741.      SEC.    7.      The   secretary   of   state,    state 
treasurer  and   commissioner  of  the   state  land   office,   shall 
constitute  the  board  of  state  canvassers,  and  they  are  hereby 
authorized  and  required  to  proceed  in  the  canvass  and  deter- 
mination of  the  election  of  the  several  circuit  judges  and 
regents  of  the  university,  in  the  same  manner  and  within 
similar  periods  of  time,  as  near  as  may  be,  as  is  provided  by 
law  for  the  canvass  of  the  election  of  representatives  to  con- 
gress,   and   shall    transmit    similar    notices   to   the   persons 
declared  to  be  elected  to  the  offices  of  circuit  judge  and  regent 
of   the    university    in    the    several    judicial    districts:    Pro- 
vided,    That    the    board     of    state    canvassers     shall     not 
determine    the    result    of    the    election    for    a    regent    of 
the     university     in     the     county     of     Wayne,     until     after 
the    receipt   of    the   several   statements   of   votes   given   for 
a  regent  of  the  university  in  the  upper  peninsula;  provided 
such  statement  shall  be  received  before  the  third  Tuesday 
of  November  next  ensuing,  when  said  board  shall   proceed 
to  canvass  and  determine  the  election  of  such  regent,  as  in 
other  cases. 

(461)  §  3742.     SEC.   8.     The  officers  elected   under   the 
provisions  of  this  act,  shall  enter  upon  the  discharge  of  their 
respective  duties  on  the  first  day  of  January  succeeding  their 
election. 

Section  9   was  superseded  by   section   24  of  Act   190   of   1891.      See  section 
161  of  this  compilation. 


LAWS    RELATING   TO    ELECTIONS.  147 


REGENTS    OF    THE    UNIVERSITY. 

An  Act  to  provide  for  the  election  and  classification  of  regents  of  the 

university. 

[Act  143  of  1863.] 

The  People  of  the  State  of  Michigan  enact: 

(462)  §  3743.     SECTION  1.     That  a  general  election  shall  General  elec- 
be  held  in  the  several  townships  and  wards  of  this  state  on  ge°ius°r 
the  first  Monday  in  April,  in  the  year  one  thousand  eight 
hundred  and  isixty-three,  and  on  the  first  Monday  in  April  in 

every  second  year  thereafter,  for  the  election  of  regents  of 
the  university,  who  shall  enter  on  the  duties  of  their  office' 
on  the  first  day  of  January  next  succeeding  their  election. 

See  constitution,   Art.   XI,   section  3 ;  section   67   of  this  compilation. 

(463)  §  3744.     SEC.  2.     At  the  election  to  be  held  on  the  Election  m 
first  Monday  of  April,  in  the  year  one  thousand  eight  hun-  ] 

dred  and  sixty-three,  there  shall  be  elected  eight  regents  of 
the  university,  who  shall  be  divided  into  four  classes,  of  two  HOW  ciassi- 
each,  to  be  numbered  one,  two,  three  and  four,  whose  term  of   e  ' 
service  shall  commence  on  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  sixty -four.     The  term  of  service  of  Term  of  ser- 
class  number  one  shall  expire  in  two  years ;  the  term  of  class    ™°* each 
number  two  shall  expire  in  four  years;  the  term  of  class  num- 
ber three  shall  expire  in  six  years;  the  term  of  class  number 
four  shall  expire  in  eight  years  from  the  first  day  of  January, 
one  thousand  eight  hundred  and  sixty-four.     After  the  first  Biennial  eiec- 
election,  two  regents  shall  be  elected  every  two  years,  and  tion- 
their  term  of  office  shall  be  eight  years.     The  place  of  each 
class  shall  be  filled  by  an  election  at  the  general  election  to 
be  held  on   the  first   Monday   in   April   next  preceding  the 
expiration  of  their  term  of  service. 

Sections   3   and   4    relate   to   the   manner  of   giving   notice   of   first   election 
under  this  act. 

(464)  §  3747.    SEC.  5.    The  several  regents  of  the  univer-  Elections, 
sity,  to  be  elected  as  aforesaid,  shall  be  voted  for  on  the  same 
ballots  with  the  justice  or  justices  of  the  supreme  court  and 
circuit  judge,  to  be  chosen  at  such  election;  and  the  election 
provided   for  by   this   act  shall   be   conducted   in   the  same 
manner,  and  by  the  same  officers,  and  the  same  notices  of  time 

and  place  shall  be  given  as  by  existing  laws  for  election  of 
justices  of  the  supreme  court,  and  the  inspectors  of  election 
shall  make  the  same  canvass,  statement  and  return,  and  shall 
be  invested  with  the  same  powers  as  are  provided  by  the  laws 
of  this  state  for  a  general  election. 

(465)  §  3748.     SEC.  6.     The  county  and  state  board  of  canvass,  how 
canvassers  for  said  election  shall  consist  of  the  same  persons  conducted- 
as  provided  by  existing  laws  for  canvassing  votes  for  state 


148 


STATE    OF    MICHIGAN. 


officers,  and  the  canvass  shall  be  held  and  conducted  in  the 
same  manner,  and  at  the  same  time,  and  the  like  statements 
and  returns  shall  be  made,  and  the  said  board  shall  be 
charged  with  the  same  duties,  and  invested  with  the  like 
powers  as  provided  by  existing  laws  for  canvassing  votes  for 
justices  of  the  supreme  court  and  circuit  judges,  and  the  sec- 
retary of  state  shall  perform  the  sanie  duties  in  relation 
thereto,  and  all  the  proceedings  shall  be  conducted  in  accord- 
ance with  the  laws  regulating  the  canvass  of  votes  cast  at 
a  general  election,  so  far  as  the  same  are  applicable. 

Sec.  7  relates  to  the  classification  of  regents  first  elected. 


STATE   BOARD   OF    EDUCATION. 

An  Act  fixing  the  time  when  members  of  the  state  board  of  education 
shall  be  elected. 


[Act  216  of  1909.] 

The  People  of  the  State  of  Michigan  enact: 

Members  (466)     SECTION  1.     At  the  biennial  spring  election  to  be 

board  of          ne]^  on  the  fl^f  Monday  in  April  of  nineteen  hundred  nine, 

education,  _.        _t/.          .    *          .  •,      ,-          ,-,  tnv 

when  elected,  and  at  each  succeeding  biennial  spring  election,  there  shall  be 
elected  one  member  of  the  board  of  education,  who  shall  hold 
his  office  for  six  years  from  the  first  day  of  July  following 
his  election ;  at  the  biennial  spring  election  to  be  held  on  the 
first  Monday  in  April,  nineteen  hundred  nine,  a  isticcessor 
to  the  member  of  the  state  board  of  education  whose  term 
of  office  expired  on  December  thirty-first,  nineteen  hundred 
eight,  shall  be  elected;  at  the  biennial  spring  election  to 
be  held  on  the  first  Monday  in  April,  nineteen  hundred  eleven, 
a  successor  to  the  member  of  the  state  board  of  education 
whose  term  wiill  expire  December  thirty-first,  nineteen 
hundred  ten,  shall  be  elected;  and  at  the  biennial  spring 
election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  thirteen,  a  successor  to  the  member  of  the  state 
board  of  education  whose  term  will  expire  on  December 

Term.  thirty-first,  nineteen  hundred  twelve,  shall  be  elected.  Each 

member  shall  hold  his  office  for  the  term  for  which  he  was 
elected  and  until  his  successor  is  elected  and  qualified. 


LAWS    RELATING    TO    ELECTIONS.  149 


SUPERINTENDENT   OF    PUBLIC    INSTRUCTION. 

An  Act  to  provide  for  the  election  of  a  superintendent  of  public  in- 
struction. 

[Act  12  of  1909.] 
The  People  of  the  State  of  Michigan  enact: 

(467)  SECTION  1.  At  the  biennial  spring  election  to  be  when-ejected, 
held  on  the  first  Monday  in  April,  nineteen  hundred  nine,  and 
every  second  year  thereafter,  there  shall  be  elected  a  super- 
intendent of  public  instruction,  who  shall  hold  office  for  a 
period  of  two  years  from  the  first  day  of  July  following  his 
election  and  until  his  successor  is  elected  and  qualified.  The 
person  receiving  the  greatest  number  of  votes  at  such  election 
shall  be  by  the  state  board  of  canvassers  declared  elected  to 
such  office. 


JUSTICES   OF   THE   SUPREME   COURT. 

An  Act  to  provide  for  the  organization  of  the  supreme  court,  pur- 
suant to  section  two  of  article  six  of  the  constitution. 

[Act    146    of   1857,    as   amended.] 

The  People  of  the  State  of  Michigan  enact: 

,   (468)     §  177.     SECTION  1.     From  and  after  the  first  day  Howconsti- 
of  January,  nineteen  hundred  five,  the  supreme  court  shall  tuted- 
consist  of  a  chief  justice  and  seven  associate  justices,  to  be 
chosen  by  the  electors  of  this  state,  and  in  the  meantime 
the  supreme  court  shalll  continue  as  at  present  organized. 

Am.    1903,    Act    250. 

(469)  §  178.    SEC.  2.    A  general  election  shall  be  held  in  General  eiec- 
the  several  townships  and  wards  of  the  'state,  on  the  first  judges?1 
Monday  of  April,  in  the  year  one  thousand  eight  hundred 

and  fifty-seven,  and  on  the  first  Monday  of  April  in  every 
second  year  thereafter,  for  the  election  of  judges  or  justices 
of  the  supreme  court. 

See  Chase  v.  Election  Com'rs,  151  /  410. 

(470)  §  179.     SEC.  3.     At  the  election  to  be  held  in  the  Additional 
several  townships  and  cities  of  this  state,  on  the  first  Tues-  etecte 
day  after  the  first  Monday  of  November,  nineteen  hundred  of  °mce>  etc 
four,  there  shall  be  elected  three  additional  associate  justices 

of  the  supreme  court,  who  shall  enter  upon  office  on  the  first 
day  of  January,  nineteen  hundred  five,  one  of  whom  shall 
hold  his  office  until  the  thirty-first  day  of  December,  nineteen 


150 


STATE    OF    MICHIGAN. 


hundred  seven,  one  shall  hold  his  office  until  the  thirty-first 
day  of  December,  nineteen  hundred  nine,  and  one  shall  [hold] 
his  office  until  the  thirty-first  day  of  December,  nineteen  hun- 
dred eleven.  The  ballots  cast  at  such  election  for  such  jus- 
tices shall  designate  the  term  of  service  of  each  justice  voted 
for.  At  the  election  to  be  held  in  the  several  townships  and 
cities  of  this  state,  on  the  first  Monday  in  April,  nineteen  hun- 
dred five,  there  shall  be  elected  one  justice  of  the  supreme 
court,  who  shall  hold  his  office  for  the  term  of  eight  years 
from  and  after  the  first  day  of  January  next  succeeding  such 
election.  At  the  election  to  be  held  in  the  several  townships 
and  cities  of  this  state,  on  the  first  Monday  in  April,  nineteen 
hundred  seven,  and  every  two  years  thereafter,  there  shall 
be  elected  two  justices  of  the  supreme  court  to  hold  their 
offices  respectively  for  the  term  of  eight  years  from  and  after 
the  first  day  of  January  next  succeeding  such  elections.  The 
several  justices  of  the  supreme  court  now  in  office  shall  hold 
their  offices  respectively  during  the  term  for  which  they  have 
been  elected,  and  the  term  of  all  other  justices  of  the 
supreme  court  shall  be  eight  years,  as  above  provided. 

Am.  1903,  Act  250. 

vacancy,  how  (471)  §  180.  SEC.  4.  Whenever  a  vacancy  shall  happen 
in  the  office  of  judge  of  the  -supreme  court,  it  shall  be  filled 
by  appointment  of  the  governor,  and  a  successor  shall  be 
elected  at  the  next  general  election  which  may  be  held  on 
the  first  Monday  of  April  thereafter;  unless  a  general  elec- 
tion shall  be  held  in  November,  prior  to  such  election  in 
April ;  and  in  such  case  he  may  be  elected  at  such  election  in 
November. 

Sections  5  and  6  provided  for  the  notification  of  officers  of  the  new  enact- 
ment. 


Ballot  box. 


Elections, 
how  con- 
ducted. 


(472)  §  181.     SEC.  7.     The  inspectors  of  election  in  the 
several  townships  and  wards  in  cities  throughout  the  state, 
are  hereby  required  to  prepare  a  ballot  box  at  each  of  the 
biennial  elections  provided  for  in  this  act,  to  receive  all  bal- 
lots that  may  be  offered  at  such  elections  for  a  judge  or 
judges  of  the  supreme  court,  and  for  circuit  judge  and  regent 
of  the  university,  all  of  which  shall  be  voted  for  on  the  same 
ballot. 

(473)  §  182.     SEC.  8.     The  election  provided  for  by  this 
act  shall  be  conducted  in  the  same  manner  and  by  the  same 
officers,  and  notices  of  the  time  and  place  shall  be  given,  as 
by  the  existing  laws  provision  is  made  for  holding  a  general 
election  in  the  state  in  the  month  of  November  of  each  second 
year;  and  the  inspectors  of  election  'shall  make  the  same  can- 
vass,  statement  and  returns,  and  they  are  hereby  invested 
with  the  same  powers  and  authority,  as  are  provided  by  the 
election  laws  of  this  state  for  a  general  election. 


LAWS    RELATING   TO    ELECTIONS.  151 

(474)  §  183.     SEC.  9.     The  county  canvass  for  judges  of  county  can- 
the  supreme  court  shall  be  held  on  the  second  Tuesday  sue-  beheld  andto 
ceeding  the  election,  and  shall  be  conducted  in  all  respects 

in  the  same  manner  and  by  the  same  officers,  and  returns 
shall  be  made  in  the  same  manner  and  within  the  same  time, 
as  is  provided  by  existing  laws  for  the  canvass  of  votes  cast 
for  circuit  judges,  secretary  of  state,  and  other  state  officers. 

(475)  §  184.      SEC.    10.      The   secretary    of   state,   state  Board  of  state 
treasurer,  and  commissioner  of  the  state  land  office,  shall  con-  C5 

stitute  the  board  of  state  canvassers,  and  they  are  hereby  HOW  to  pro- 
authorized  and  required  to  proceed  in  the  canvass  and  vassing.car 
determination  of  the  election  of  the  judges  or  judge  of  the 
supreme  court  in  the  same  manner  and  at  the  same  time  as 
is  provided  by  law  for  the  canvass  of  the  election  of  circuit 
judges  and  regents  of  the  university,  and  they  shall  make  a 
statement  of  the  votes  cast  and  the  number  cast  for  each  per- 
son, and  determine  the  person  or  persons  elected,  and  make 
and  subscribe  on  such  statement  a  certificate  of  such  deter- 
mination, and  deliver  the  same  to  the  secretary  of  state,  who 
shall  cause  the  same  to  be  recorded  in  his  office;  all  of  which 
proceedings  shall  be  conducted  in  accordance  with  the  laws 
regulating  the  canvass  of  votes  cast  at  a  general  election  for 
state  officers,  so  far  as  the  same  are  applicable. 

The  balance  of  this  act  relates  to  the  classification  of  judges,  and  powers 
and  duties  of  the  court. 


ELECTION  OF  U.  S.  SENATORS. 

An   Act  to  designate  the  time,  and  provide  the  manner  of  electing 
United  States  senators. 

[Act  1  of  1869.] 

The  People  of  the  State  of  Michigan  enact: 

(476)     §  1144.     SECTION    1.     That   the    legislature   which  Time  of 
shall  be  chosen  next  preceding  the  expiration  of  the  time  for  el 
which  any  senator  was  elected  to  represent  this  state  in  the 
congress  of  the  United  States,  shall,  on  the  second  Tuesday 
after  the  meeting  and  organization  thereof,  proceed  to  elect 
a  senator  in  congress,  in  the  place  of  such  senator  so  going 
out  of  office,   in  the  following  manner :     Each  house  shall  Each  house 
openly,  by  a  viva  voce  vote  of  each  member  present,  name  one  candidate, 
person  for  senator  in  congress;  and  the  name  of  the  person 
so  voted  for,  who  shall  have  a  majority  of  the  whole  number 
of  votes  cast  in  each  house,  shall  be  entered  on  the  journal  Entries  to 
of  each  house  by  the  clerk  or  secretary  thereof;  but  if  either  fouSSfe. °n 
house  shall  fail  to  give  such  majority  to  any  person  on  such 
day,  that  fact  shall  be  entered  on  the  journal.     At  twelve  Joint  con- 
o'clock,  meridian,  of  the  day  following  that  on  which  proceed-  ven 


152 


STATE    OF    MICHIGAN. 


Journals 
be  read, 


A  majority"  *£ 
vote  in  each 
house  to  elect, 


ings  are  required  to  take  place  as  aforesaid,  the  members  of 
the  two  houses  shall  convene  in  joint  convention,  and  the 
journal  of  each  house  shall  then  be  read;  and  if  the  same 
person  shall  have  received  a  majority  of  all  the  votes  in  each 
house,  such  person  shall  be  declared  duly  elected  a  senator 
to  represent  this  state  in  the  congress  of  the  United  States; 
but  if  the  same  person  shall  not  have  received  a  majority 
of  the  votes  in  each  house,  or  if  either  house  shall  have  failed 
to  take  proceedings  as  required  by  this  act,  the  joint  conven- 
tion shall  then  proceed  to  choose,  by  a  viva  voce  vote  of  each 
member  present,  a  person  for  the  purpose  aforesaid;  and  the 
person  having  a  majority  of  all  the  votes  of  the  said  joint 
convention,  a  majority  of  all  the  members  elected  to  both 
houses  being  present,  and  voting,  shall  be  declared  duly 
elected ;  and  in  case  no  person  shall  receive  such  majority  on 
the  first  day,  the  joint  convention  shall  meet  at  twelve  o'clock, 
meridian,  of  each  succeeding  day  during  the  session  of  the 
legislature,  and  take  at  least  one  vote,  until  a  senator  shall  be 
elected. 

(477)  §  1145.     SEC.  2.     Whenever,  on  the  meeting  of  the 
legislature,  a  vacancy  shall  exist  in  the  representation  of  this 
state  in  the  senate  of  the  United  States,  the  legislature  shall 
proceed,  on  the  second  Tuesday  after  the  commencement  and 
organization   of  its  session,   to  elect  a   person  to  fill   such 
vacancy,  in  the  manner  hereinbefore  provided  for  the  election 
of  a  senator  for  a  full  term;  and  if  a  vacancy  shall  happen 
during  the  session  of  the  legislature,  then,  on  the  second  Tues- 
day after  the  legislature  shall  have  been  organized,  and  shall 
have  notice  of  such  vacancy,  the  legislature  shall  proceed  to 
elect  as  aforesaid. 

(478)  §  1146.     SEC.  3.     It  shall  be  the  duty  of  the  gov- 
ernor, upon  the  election  of  a  senator,  as  herein  provided,  to 
certify  his  election  to  the  president  of  the  senate  of  the  United 
States,  which  certificate  shall  be  countersigned  by  the  secre- 
tary  of  state,   under  the  seal   of  the  state.    He  shall   also 
deliver  by  mail  or  otherwise  a  like  certificate  to  the  person  so 
elected  senator. 


Vacancies, 
how  filled. 


Governor  to 
certify  elec- 
tion. 


Section   4    repeals    "all   acts   or   parts  of  acts   contravening   the   provisions 
of  this  act." 


STATE  HIGHWAY  COMMISSIONER. 

[Extract  from  Act  283  of  1909,  Chap.  V.] 


State  highway 
commissioner, 
appointment, 
etc. 


(479)  SEC.  2.  The  chief  officer  of  said  department  shall 
be  denominated  the  state  highway  commissioner.  He  shall  be 
a  citizen  of  this  state  and  shall  have  his  office  at  the  seat  of 
government  and  'shall  personally  superintend  the  duties 
thereof.  He  shall  be  appointed  by  the  governor,  by  and  with 
consent  of  the  senate,  on  or  before  the  first  day  of  July,  nine- 


LAWS    RELATING   TO    ELECTIONS.  153 

teen  hundred  nine,  and  shall  hold  his  office  on  and  after  said 
first  day  of  July,  nineteen  hundred  nine,  until  the  first  day 
of  July,  nineteen  hundred  thirteen,  and  until  his  successor 
is  duly  elected  and  qualified  as  hereinafter  provided.    In  the  Election  of, 
year  nineteen  hundred  thirteen,  and  every  four  years  there-  s 
after,    a    state    highway    commissioner   shall    be    nominated 
and  elected  by  the  people  of  the  state  of  Michigan  at  the 
same  time  and  in  the  same  manner  as  the  justices  of  the 
supreme  court  are  nominated  and  elected.     He  shall   take 
his  oath  of  office  July  first,  following  his  election,  and  his 
term  of  office  shall  be  four  years  from  that  date  and  until  his 
successor  is  duly  elected  and  qualified.    He  shall  receive  an 
annual    salary   of  two  thousand  five  hundred   dollars.    The 
state    highway    commissioner    may    appoint    a    deputy    who 
shall  be  a  competent  civil  engineer.     Such  deputy  shall  take  Deputy, 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution,  salary>  etc- 
and  whenever  the  commissioner  shall  be  disabled  from  exe- 
cuting the  duties  of  his  office,  his  deputy,  duly  appointed, 
shall  execute  the  duties  thereof  until  such  disability  be  re- 
moved.      Such    deputy    shall    receive    an    annual    salary    of 
eighteen  hundred  doll  are.    The  commissioner  may  employ  such  cierks. 
other  clerks  or  employes  as  may  be  necessary  to  perform  the 
duties  incumbent  upon  the  department.     The  salaries  of  the  Payment  of 
commissioner,  deputy  commissioner  and  others  employed  by  8£ 
authority  of  this  act  shall  be  paid  upon  the  warrant  of  the 
auditor  general  in  the  same  manner  as  other  state  officers 
and  employes  are  paid;   and  all    other    expenses    shall    be 
approved  by  the  board  of  state  auditors  and  paid  upon  the 
warrant  of  the  auditor  general.     Whenever  a  vacancy  shall  vacancy, 
occur  in  said  office  of  commissioner  by  reason  of  death,  res- 
ignation or  otherwise,  the  governor  shall  fill  such  vacancy  by 
appointment,  but  such  appointee  shall  hold  office  only  until 
the  next   general   state  election   when   a  new  commissioner 
shall  be  elected  for  the  unexpired  term.     The  commissioner  oath  and 
so  appointed  shall,  within  fifteen  days  from  the  time  of  notice  bond- 
of  his  appointment,   take  and  subscribe  the   oath   of  office 
prescribed  by  the  constitution,  and  shall  file  the  same  in  the 
office  of  the  secretary  of  state,  and  the  said  commissioner 
shall  give  to  the  people  of  the  state  of  Michigan  a  bond  in 
the  penal  sum  of  five  thousand  dollars,  with  sureties  to  be 
approved  by  the  auditor  general,  conditioned  for  the  faith- 
ful discharge  of  the  duties  of  his  office.     The  commissioner  Biennial 
shall  make  a  biennial  report  to  the  governor,  which  report  report- 
shall  contain  the  name  and  compensation  of  each  and  every 
person  that  may  be  or  has  been  employed  by  the  department, 
and  the  whole  amount  of  the  expenses  of  the  department  in 
the  interim  not  previously  reported.     Such  report  shall  be 
made  on  or  before  the  first  day  of  February,  nineteen  hundred 
nine,  and  every  two  years  thereafter,  and  the  commissioner 
shall   have  printed  a   sufficient  number  of  these  reports  to 
provide  every   township   highway   commissioner   and   county 
road  commissioner  in  the  state  with  a  copy,  and  such  further 


154 


STATE    OF    MICHIGAN. 


number  as  may  be  necessary  to  satisfy  the  demand  that  the 
public  weal  may  warrant. 


CHAPTER      XII.— ELECTIONS      IN      FOURTH     CLASS 
CITIES     AND     VILLAGES. 


FOURTH  CLASS  CITIES. 

[Extract   from   Act  215  of   1895.] 

CHAPTER  III. 


Wards. 


Number  of 
wards,  how 
apportioned. 


Change  of 
boundaries 
not  to  affect 
aldermen  or 
ward  officers. 


Terms  of 
aldermen  in 
new  wards. 


WARDS. 

(480)  §  2976.     SECTION  1.     The  wards  established  by  the 
council  as  provided  in  section  ten,  chapter  one  of  this  act, 
and  the  wards  established  in  any  incorporated  city  at  the 
time  of  its  reincorporation  under  the  provisions  of  this  act, 
shall  continue  to  be  the  wards  of  -such  city,  until  changed  by 
the  legislature. 

For  the  provisions  of  the  so-called  "Home  Rule"  act  for  cities,  see  act 
279  of  1909,  as  amended  by  acts  81  and  203  of  1911. 

For  proceedings  for  incorporation  of  fourth  class  cities  previous  to  the 
enactment  of  the  "Home  Rule"  act,  see  sections  2956-69,  C.  L.,  1897. 

(481)  §  2977.     SEC.  2.    Any  city  having  a  population  of 
less  than  five  thousand  inhabitants  may  be  divided  into  three 
Wards.     If  it  contains    a    population    of    five    thousand    or 
upwards  it  may  be  divided  into  four  wards,  and  an  additional 
ward  for  every  additional  two  thousand  inhabitants  above 
five  thousand  and  up  to  ten  thousand.    But  any  city  having, 
at  the  time  of  its  being  brought  under  or  subject  to  the  pro- 
visions of  this  act,  a  greater  number  of  wards  in  proportion 
to  its  population  than  above  mentioned,  shall  not  be  required 
to  diminish  the  number  of  its  existing  wards. 

(482)  §  2978.     SEC.  3.     No  election  of  aldermen  or  ward 
officers  shall  be  held  in  any  newly  established  ward,  or  in  any 
ward,  on  account  of  changes  in  the  boundaries  thereof,  pre- 
vious to  the  next  annual  city  election;  nor  shall  the  office  of 
any  alderman  or  other  officer  elected  in  any  ward  be  vacated 
by  reason  of  any  change  in  such  ward;  but  any  such  alderman 
and  other  officer  shall,   during  the  remainder  of  his  term, 
continue  in  office  and  to  represent  the  ward  including  the 
place  of  his  residence  at  the  time  of  the  change  of  the  bounda- 
ries of  the  ward,  unless  the  office  become  vacant  for  some 
other  cause. 

(483)  §  2979.     SEC.  4.     When  by  the  creation  of  a  new 
ward  two  aldermen  are  to  be  elected  therein  at  the  same  time, 


LAWS    RELATING    TO    ELECTIONS.  155 

one  of  them  shall  be  elected  for  one  year,  and  one  for  two 
years,  and  the  term  of  each  shall  be  designated  on  the  ballot. 


CHAPTER  IV. 

ELECTORS  AND  REGISTRATION. 

(484)  §  2980.     SECTION  1.    The  inhabitants  of  cities  hav-  who  deemed 
ing  the  qualifications  of  electors  under  the  constitution  of  electors- 
the  state,  and  no  others,  shall  be  electors  therein,  and  every 

elector  shall  vote  in  the  ward  or  election  district  where  he 

shall  have  resided  during  the  twenty  days  next  preceding  the 

day  of  election.     The  residence  of  any  elector,  not  being  a  Residence  of 

householder,  shall  be  deemed  to  be  in  the  ward  or  election  electors- 

district  in  which  is  located  his  regular  place  of  lodging. 

See  sections  1  and  87,  and  notes. 

Warren  v.  Bd.  of  Registration,  72  /  405  ;  Menton  v.  Cook,  147  /  540. 

(485)  §  2981.     SEC.  2.     The  council  of  any  city  having  Council  mav 
more  than  six  hundred  and  fifty  electors  in  any  ward  of  the  S^vottng 
city,  according  to  the  poll  list  of  the  last  preceding  election,  precincts, 
shall  cause  such  ward  to  be  divided  into  two  or  more  voting 
districts.    The  manner  of  making  such  division,  the  creation 

of  election  inspectors  and  boards  of  registration  therein,  and 
all  matters  pertaining  to  such  division  and  the  holding  of 
elections  in  such  districts,  not  covered  by  the  provisions  of 
this  chapter,  shall  be  provided  for  by  the  council  making 
such  division. 

REGISTRATION. 

(486)  §  2982.     SEC.  3.     The  aldermen  of  each  ward  shall  Aldermen  to 
constitute  the  board  of  registration  therein,  except  as  in  this  boanfof6 
act  otherwise  provided.    If,  by  reason  of  a  change  of  bound-  registration. 
ary  of  any  ward,  or  the  formation  of  a  new  ward,  or  the  Additional 
formation  of  more  than  one  election  district  in  a  ward,  or  member- 
other  cause,  there  shall  not  be  any  or  a  sufficient  number  of 
aldermen   representing   such  ward  or   residing  within  each 
election  district,  to  constitute  a  board  of  registration  of  two 
persons,  the  council  shall  supply  the  vacancy  or  appoint  a 

board  of  registration  for  the  ward  or  election  district.    The  compensation, 
members  composing  such  board  of  registration  shall  receive 
two  dollars  per  day  as  compensation. 

See  general  law  for  registration  in  cities,  sections  85-91. 

(487)  §  2983.     SEC.  4.     When  changes  shall  be  made  in  Board  of 
any  ward  or  wards,  or  a  new  ward  shall  be  formed  in  whole 

or  in  part  from  the  territory  of  other  wards,  or  when  a  ward 
shall  be  divided  into  voting  districts,  the  boards  of  registration 
of  the  respective  wards  or  voting  districts  affected  by  the 


156 


STATE    OF    MICHIGAN. 


Board  to 
make  new 
register. 


Notice  of,  to 
be  given. 


Each  ward  to 
be  an  election 
district. 


When  board 
of  registration 
to  sit. 


Each  quali- 
fied elector  to 
have  his  name 
registered. 


When  council 
to  fix  place 
where  board 
to  meet. 


How  notice  of, 
to  be  given. 


General  laws 
to  apply  to 
registration. 


When  board 
to  make  re- 
registration. 


change  shall  meet  previous  to  the  time  prescribed  by  law 
for  giving  notice  of  their  sessions  preceding  the  next  election, 
and  the  name  of  each  registered  elector  known  to  have  been 
transferred  by  such  change  from  one  ward  to  another  ward, 
or  to  a  new  ward,  or  from  one  voting  district  to  another, 
shall  be  copied  into  the  register  of  the  ward  or  district  to 
which  the  transfer  was  made,  and  be  stricken  from  the  reg- 
ister of  the  ward  or  district  from  which  the  elector  was 
transferred  by  the  change. 

(488)  §  2984.     SEC.  5.     When  a  new  ward  or  voting  dis- 
trict shall  be  formed,  the  board  of  registration  thereof,  at 
its  session   next  preceding  the  next   election  therein,   shall 
make  or  complete  a  new  register  of  the  electors  residing 
therein,  and  for  that  purpose  shall  remain  in  session  two 
days,  and  notice  of  the  formation  of  such  ward  or  district, 
and  that  a  new  register  of  the  electors  will  be  made  at  that 
session,  shall  be  given  with  the  notice  required  by  law  to  be 
given  of  such  session  of  the  board. 

(489)  §  2985.      SEC.    6.     Each    ward,    unless    otherwise 
subdivided,  shall  be  an  election  district.     On  the  Saturday 
next  preceding  a  general  election,  and  on  the  Saturday  next 
preceding  the  day  of  the  regular  city  election,  or  any  special 
election,  and  on  such  other  days  as  shall  be  appointed  by  the 
council,  not  exceeding  three  days  in  all,  previous  to  any  such 
election,   the  several   boards  of    registration    for    the    city, 
except  as  in  this  act  otherwise  provided,  shall  be  in  session  at 
such  places  in  their  several  wards  as  shall  be  designated,  as 
hereinafter  provided,  from  eight  o'clock  in  the  forenoon  until 
eight  o'clock  in  the  afternoon,  for  the  purpose  of  completing 
the  lists  of  the  qualified  voters;  during  which  session  it  shall 
be  the  right  of  each  person  then  actually  residing  in  the  ward 
or  voting  district,  and  who,  at  the  then  next  approaching 
election  may  be  a  qualified  elector  and  whose  name  is  not 
already  registered,  to  have  his  name  entered  in  the  register 
of  such  ward  or  voting  district. 

(490)  §  2986.     SEC.  7.     At  least  two  weeks  previous  to 
the  commencement  of  any  such  session  of  the  several  boards 
of  registration,  the  council  shall  fix  the  place  in  each  ward 
and  voting  district  of  the  city  where  the  board  of  registration 
will  meet,  and  at  least  eight  days  before  such  session  of  the 
board  the  city  clerk  shall  give  notice  by  handbills  posted  in 
ten  public  places  in  each  ward  or  voting  district,  and  by  pub- 
lication in  one  or  more  newspapers  printed  in  the  city,  of 
the  time  and  place  in  each  ward  or  voting  district  when  and 
where  the  board  of  registration  for  such  ward  and  voting 
district  will  meet.    Except  as  in  this  act  otherwise  provided, 
the  general  laws  of  this  state  relating  to  the  registration  of 
electors  in  cities  shall  apply  to  the  registration  of  electors 
in  cities  incorporated  under  or  made  subject  to  the  provisions 
of  this  act. 

(491)  §  2987.    SEC.  8.    The  boards  of  registration  in  cities 
incorporated    under    this    act    at    their    sessions    previous 


LAWS    RELATING   TO    ELECTIONS.  157 

to  the  general  election  in  November,  in  the  year  one  thou- 
sand eight  hundred  and  ninety-six,  shall  make  a  reregistra- 
tion  of  the  qualified  electors  of  their  respective  wards,  in 
books  of  the  form  provided  by  law.    The  same  rules  shall  be  oid  register 
observed  in  such  reregist ration  as  are  provided  by  law  for  usla° 
the  registration  of  electors  in  cities;  and  a  like  reregistration 
of  the  electors  of  each  ward  shall  be  made  at  the  session  of  the 
board  next  preceding  the  general  election,  in  the  year  nine- 
teen hundred,  and  every  fourth  year  thereafter.    Wlhen  such 
new    registry   shall  be  made  the  former  registry  of  electors 
shall  not  be  used,  nor  shall  any  person  vote  at  any  election  in 
such  ward  after  such  reregistration  unless  his  name  shall  be 
registered  in  such  new  register.    Notice  that  such  reregistra-  when  notice 
tion  is  required  to  be  made  shall  be  given  with  the  notice  of  Sor?tcfbera~ 
the  meeting  or  session  of  the  board  at  which  it  is  to  be  made. 


CHAPTER  V. 

OFFICERS. 

(492)  §  2988.     SECTION  1.     In  cities  incorporated  under  What  city 

11  •          j_    it       j>  it       •  •!         /v>  r    •     i  i  officers  to  be 

this  act  the  following  city  officers,   [viz.]   namely,  a  mayor,  elected, 
city  clerk,  city  treasurer,  and  two  justices  of  the  peace,  shall 
be  elected  by  the  qualified  voters  of  the  whole  city :     Pro-  Treasurer  to 
vided,  That  no  person  shall  be  eligible  to  the  office  of  city  {g£s*ut 
treasurer  for  more  than  two  terms  in  succession. 

(493)  §  2989.     SEC.  2.     In  each  ward  a  supervisor,  two  Ward  officers 
aldermen  and  a  constable  shall  be  elected :     Provided,  That tc 

the  council  of  any  city  reincorporated  under  and  made  sub- 
ject to  the  provisions  of  this  act,  which  at  the  time  of  such 
reincorporation  shall  have  but  two  wards,  may  provide  by 
ordinance  for  the  election  of  two  additional  aldermen,  to  be 
known  as  aldermen  at  large,  and  to  be  elected  by  the  qualified 
electors  of  the  whole  city.  At  the  first  election  held  under 
this  act  one  of  such  aldermen  shall  be  elected  for  a  term  of 
one  year  and  one  for  a  term  of  two  years,  and  annually  there- 
after one  shall  be  elected  for  a  term  of  two  years. 

Att'y  Gen.  v.  Coggshall,  107  / 181 ;  Ostrander  v.  Supervisors,  111  /  65. 

(494)  §  2990.     SEC.   3.     The  following  officers  shall  be  tc0tge°fc_ers 
appointed  by  the  mayor,  by  and  with  the  consent  of  the  coun-  pointed  by 
cil,  [viz.]  namely,    a  city  attorney,  city  marshal,  street  com  mayor- 
missioner,  city  surveyor,  a  city  assessor  when  provided  for,  and 

a  chief  engineer  of  the  fire  department.     The  council  may  Council  may 
also,  from  time  to  time,  provide  by  ordinance  for  the  ap-  appointments 
pointment  of,  for  such  term  as  may    be    provided    in    the 
ordinance,  such  other  officers  whose  election  or  appointment  is 
not  herein  specially  provided  for,  as  the  council  shall  deem 


158 


STATE    OF    MICHIGAN. 


When  ap- 
pointments 
to  be  made. 


What  officers 
to  be  elected 
at  first  elec- 
tion. 


necessary  for  the  execution  of  the  powers  granted  by  this  act. 
Appointments  All  such  appointments  shall  be  made  by  the  mayor,  by  and 
\5&econsent  w^h  the  consent  of  the  council,  and  their  powers  and  duties 
of  council.  shall  be  prescribed  by  ordinance,  but  the  mayor  shall  have 

no  vote  in  the  council  on  the  question  of  his  appointments 

of  above  named  officers. 

(495)  §  2991.     SEC.    4.     Appointments   to    office,    except 
appointments  to  fill  vacancies,  shall  be  made  on  the  first  Mon- 
day of  Ma-y  in  each  year;  but  appointments  which  for  any 
cause  shall  not  be  made  on  that  day  may  be  made  by  the 
mayor  and  confirmed  at  any  subsequent  regular  meeting  of 
the  council. 

(496)  §  2992.     SEC.^.     At  the  first  election  held  in  any 
city  incorporated  under  this  act,  two  justices  of  the  peace 
shall    be    elected;    also  two  aldermen  in  each  wiard,  but  in 
cities   reincorporated   under  this   act,   the  aldermen  elected 
under  the  former  corporation  shall  continue  in  office  for  the 
term  for  which  they  were  elected ;  and,  at  such  first  election, 
such  number  of  aldermen  only  shall  be  elected,  as  with  those 
continuing  in   office  as  aforesaid,   shall   make  the  requisite 
number  of  aldermen  as  required  by  this  act,  and  the  terms  of 
the  aldermen  first  elected  as  aforesaid  shall  be  so  arranged 
that  one  alderman  for  each  ward  shall  be  elected  annually 
thereafter.     In  all  such  cities  reincorporated  under  the  pro- 
visions of  this  act,  the  then  existing  justices  of  the  peace  shall 
hold  their  offices  until  the  fourth  day  of  July  next  after  such 
first  election,  and  no  longer,  and  at  such  first  election  two 
justices  of  the  peace  shall  be  elected,  one  for  the  term  of  two 
years  and  one  for  the  term  of  four  years  from  the  fourth  day 
of  July   next  thereafter,   and   the  term  for  which  each  is 
elected  shall  be  designated  upon  the  ballots  cast  for  him,  and 
biennially  thereafter  one  justice  of  the  peace  shall  be  elected 
for  a  term  of  four  years :    Provided,  That  whenever  any  city 
reincorporated  under  this  act  shall  at  the  time  of  such  rein- 
corporation    have   but  two   justices   of   the   peace,    whether 
elected  by  wards,   districts,   or  by   the   city  at  large,   such 
justices  shall  hold  their  respective  offices  until  the  expiration 
of  the  term  for  which  they  were  respectively  elected,  and 
thereafter  their  successors  shall  be  elected  for  the  term  of 
four  years  as  provided  in  this  act. 

(497)  §  2993.     SEC.  6.    The  mayor,  city  clerk,  city  treas- 
urer, supervisors  and  constables  shall  hold  their  offices  for 
the  term  of  one  year  from  the  second  Monday  in  April  of  the 
year  when  elected,  and  until  their  successors  are  qualified 
and  enter  upon  the  duties  of  their  offices. 

(498)  §  2994.      SEC.    7.      All    officers    appointed   by    the 
mayor  or  council,  except  officers  appointed  to  fill  vacancies  in 
elective  offices,  shall  hold  their  respective  offices  until  the  first 
Monday  of  May  next  after  such  appointment,  and  until  their 
successors  are  qualified  and  enter  upon  the  duties  of  their 
office,  unless  a  different  term  of  office  shall  be  provided  in 


Terms  of  al- 
dermen, how 
arranged. 


When  to 
elect  justices 
of  peace. 


Terms  of 
office  of. 


Terms  of 
office  of  cer- 
tain city 
officers. 


Term  of 
office  of  ap- 
pointed offi- 
cers. 


LAWS    RELATING    TO    ELECTIONS.  159 

this  act,  or  in  the  ordinance  creating  the  office.     Any  officer  Term  of 
elected  to  fill  a  vacancy  shall  hold  the  office  during  the  resi- 
due  of  the  term  of  office  in  which  the  vacancy  occurred,  and 
any  officer  appointed  to  fill  a  vacancy  in  any  elective  office 
shall  hold  such  office  until  the  next  annual  city  election, 

(499)  §  2995.     SEC.  8.    Justices  of  the  peace  not  elected 

to  fill  vacancies  shall  enter  upon  the  duties  of  their  offices  on  duties 
the  fourth  day  of  July  next  after  their  election.  In  all  other 
cases  officers  shall  enter  upon  the  duties  of  their  offices  on 
the  second  Monday  of  April  of  each  year,  unless  herein  other- 
wise provided  for. 

QUALIFICATIONS,  OATH   AND   BOND   OF  OFFICE. 

(500)  §  2996.     SEC.   9.     No  person   shall  be  elected  or  Qualifications 
appointed  to  any  office  unless  he  be  an  elector  of  the  city,  and  0fflCe?ldin8  - 
if  elected  or  appointed  for  a  ward,  he  must  be  an  elector 
thereof;  and  no  person  shall  be  elected  or  appointed  to  any 

office  in  the  city  who  has  been  or  is  a  defaulter  to  the  city 
or  to  any  board  or  officers  thereof,  or  to  any  school  district, 
county,  or  other  municipal  corporation  of  the  state.  All 
votes  for,  or  any  appointment  of,  any  such  defaulter  shall  be 
void. 

(501)  §  2997.     SEC.  10.    Justices  of  the  peace  elected  in  ^ei\^es 
any  city  shall  take  and  file  an  oath  of  office  with  the  county  of  peace  to8 
clerk  of  the  county  in  which  the  city  is  located  within  the  office?th  °f 
same  time  and  in  the  same  manner  as  in  cases  of  justices  of 

the  peace  elected  in  townships.     All  other  officers  elected  or  when  other 
appointed  in  the  city,  shall,  within  ten  days  after  receiving  takeeoath° 
notice  of  their  election  or  appointment,  take  and  subscribe 
the  oath  of  office  prescribed  by  the  constitution  of  the  state 
and  file  the  same  with  the  city  clerk. 

See   section   73. 

(502)  §  2998.    SEC.  11.    Every  justice  of  the  peace,  within  When  and 
the  time  limited  for  filing  his  official  oath,  shall  file  with  the  SfJkSSt? 
county  clerk,  mentioned  in  the  preceding  section,  the  security  file  security. 
for  the  performance  of  the  duties  of  his  office,  required  by 

law  in  the  case  of  justices  of  the  peace  elected  in  townships; 
except  that  said  official  bond  or  security  may  be  executed  in 
presence  of,  and  be  approved  by  the  mayor ;  and  in  case  he  ?en*g& for 
shall  enter  upon  the  execution  of  the  duties  of  his  office  before  n< 
having  filed  his  official  oath  and  bond  or  security  and  such 
other  bond  or  security  to  the  city  as  may  be  required  by  law 
or  by  any  ordinance  or  resolution  of  the  council,  he  shall  be 
liable  to  the  same  penalties  as  are  provided  in  cases  of  jus- 
tices of  the  peace  elected  in  townships;  and  every  other  officer 
elected  or  appointed  in   the  city  before  entering  upon  the  when  and 
duties  of  his  office  and  within  the  time  prescribed  for  filing  Sfflce?shtor 
his  official  oath,  shall  file  with  the  city  clerk  such  bond  or  se-  file  security. 
curity  as  may  be  required  by  law  or  by  any  ordinance  or 


160 


STATE    OF    MICHIGAN. 


Bond  of  clerk 
to  be  de- 
posited with 
treasurer. 


Sufficiency 
of  sureties. 


Examination 
of  surety.  •• ' 


When  council 
may  require 
new  bonds. 


Penalty  for 
failure  to 
comply. 


requirement  of  the  council,  and  with  such  sureties  as  shall  be 
approved  by  the  council,  for  the  due  performance  of  the 
duties  of  his  office,  except  that  the  bond  or  security  of  the 
clerk  shall  be  deposited  with  the  city  treasurer. 

(503)  §  2999.     SEC.  12.     The  council,  or  the  mayor,  or 
other  officer  whose  duty  it  shall  be  to  judge  of  the  sufficiency 
of  the  proposed  sureties  of  any  officer  or  person  of  whom  a 
bond  or  any  security  may  be  required  by  this  act  or  by  any 
ordinance  or  direction  of  the  council,  shall  inquire  into  the 
sufficiency  of  such  sureties,  and  may  examine  them  under  oath 
as  to  their  property;  such  oath  may  be  administered  by  the 
mayor,    or   any    alderman,    or   other    person    authorized    to 
administer  oaths.    The  examination  of  any  such  surety  shall 
be  reduced  to  writing  and  be  signed  by  him,  and  annexed  to 
and  filed  with  the  bond  or  instrument  to  which  it  relates. 

(504)  §  3000.     SEC.   13.     The  council  may  also  at  any 
time  require  any  officer,  whether  elected  or  appointed,  to 
execute  and  file  with  the  clerk  of  the  city,  new  official  bonds 
in  the  same  or  in  such  further  sums,  and  with  new1  or  such 
further  sureties  as  said  council  may  deem  requisite  for  the 
interest  of  the  corporation.    Any  failure  to  comply  with  such 
requirement  shall  subject  the   officer   to  immediate  removal 
by  the  council. 


VACANCIES   IN   OFFICE. 


Resignations 
to  be  made 
to  council. 

When  office 
to  be  declared 
vacant. 


Office  may  be 
vacated  when 
oath  or  bond 
not  filed. 


When  and 
how  council 
may  fill 
vacancy. 


Filling  of 
vacancies. 


(505)  §  3001.     SEC.  14.     Resignation  of  officers  shall  be  ! 
made  to  the  council. 

(506)  §  3002.     SEC.  15.     If  any  officer  shall  cease  to  be 
a  resident  of  the  city,  or  if  elected  in  and  for  a  ward,  shall 
remove  therefrom  during  his  term  of  office,  the  office  shall 
thereby  b$  vacated.     If  any  officer  shall  be  a  defaulter  the 
office  shall  thereby  be  vacated. 

(507)  §  3003.      SEC.    16.      If    any    person    elected    or 
appointed  to  office  shall  fail  to  take  and  file  the  oath  of  office, 
or  shall  fail  to  give  the  bond  or  security  required  for  the  due 
performance  of  the  duties  of  his  office,  within  the  time  herein 
limited  therefor,  the  council  may  declare  the  office  vacant, 
unless  previous  thereto  he  shall  file  the  oath  and  give  the 
requisite  bond  or  security. 

(508)  §  3004.     SEC.  17.     In  case  any  vacancy  occurs  in 
the  office  of  mayor,  or  in  any  other  elective  office,  except  jus- 
tice of  the  peace,  constable  and  school  trustee,  as  hereinafter 
provided,  the  council  may  fill  such  vacancy  by  appointment 
at  any  time  within  twenty  days  after  such  vacancy  occurs,  or 
may,  within  such  time,  call  a  special  election  for  the  purpose 
of  filling  such  vacancy,  as  they  may  deem  for  the  best  interest 
of  the  city.    Vacancies  in  the  office  of  justice  of  the  peace 
and  constable  shall  be  filled  at  the  next  annual  election  or  at 
a  special  election  called  for  that  purpose.    Vacancies  in  any 
appointive  office  shall  be  filled  within  twenty  days  after  such 


LAWS    RELATING    TO    ELECTIONS.  161 

vacancy  occurs,  by  the  mayor  by  and  with  the  consent  of  the 
e       council. 

People   v.    Highland    Park,   88/653. 

(509)  §  3005.     SEC.  18.     The  resignation  or  removal  of  ^^atkm 
any  officer  shall  not,  nor  shall  the  appointment  or  election  of  not  to  exon- 
another  to  the  office,  exonerate  such  officer  or  his  sureties 

from  any  liability  incurred  by  him  or  them. 

(510)  §  3006.    SEC.  19.    Whenever  any  officer  shall  resign  when  officer 
or  be  removed  from  office,  or  the  term  for  which  he  shall  c°tyuproperty 
have  been  elected   or   appointed   shall  expire,   he  shall,   on  to  successor- 
demand,  deliver  over  to  his  successor  in  office  all  the  books, 

papers,  moneys  and  effects  in  his  custody  as  such  officer,  and 
in  any  way  appertaining  to  his  office;  and  every  person  wil- 
fully  violating  this  provision  shall  be  deemed  guilty  of  a  mis- 
demeanor,  and  may  be  proceeded  against  in  the  same  manner 
as  public  officers  may  be  proceeded  against  for  the  like  offense, 
under  the  general  laws  of  this  state  now1  or  hereafter  in 
force  and  applicable  thereto;  and  every  officer  appointed  or 
elected  under  this  act  shall  be  deemed  an  officer  within  the 
meaning  and  provisions  of  such  general  laws  of  the  state. 


CHAPTER  VI. 

ELECTIONS. 

(511)  §  3007.     SECTION  1.    An  annual  city  election  shall  when  annual 
be  held  on  the  first  Monday  in  April  in  each  year,  at  such  {flewS?" 
place  or  places  in  each  of  the  several  wards  of  the  city,  as 

the  council  shall  designate. 

(512)  §3008.    SEC.  2.    Special  elections  may  be  appointed  When  and^ 
by  resolution  of  the  council,  and  held  in  and  for  the  city,  or  in  m0aySbee<caiied. 
and  for  any  w*ard  thereof,  at  such  times  and  place  or  places 

as  the  council  shall  designate;  the  purpose  and  object  of 
which  shall  be  fully  set  forth  in  the  resolution  appointing 
such  election. 

(513)  §  3009.  SEC.  3.     Whenever  a  special  election  is  to  Notice  to 
be  held  the  council  shall  cause  to  be  delivered  to  the  inspect-  leKlon°rs< 
ors  of  election  in  the  ward  or  wards  where  the  same  is  to 

be  held,  a  notice  signed  by  the  city  clerk,  specifying  the  offi- 
cer or  officers  to  be  chosen,  and  the  question  or  proposition,  if 
any,  to  be  submitted  to  the  vote  of  the  electors,  and  the  day 
and  place  at  which  such  election  is  to  be  held,  and  the  pro-  what  to 
ceedings  and  manner  of  holding  the  election  shall  be  the  same  Cf 
as  at  the  annual  elections. 

(514)  §  3010.     SEC.  4.     Notice  of  the  time  and  place  or  When  and^  ^ 
places  of  holding  any  election  and  of  the  officers  to  be  elected  be  given  by 
and  the  questions  to  be  voted  upon,  shall,  except  as  herein  ci 

21 


162 


STATE    OF    MICHIGAN. 


otherwise  provided,  be  given  by  the  city  clerk,  at  least  ten 
days  before  such  election,  by  posting  such  notices  in  three 
public  places  in  each  ward  in  which  the  election  is  to  be  held, 
and  by  publishing  a  copy  thereof  in  one  or  more  newispapers 
published  in  the  city,  the  same  length  of  time  before  the  elec- 
tion, and  in  case  of  a  special  election  the  notice  shall  set 
forth  the  purpose  and  object  of  the  election  as  fully  as  the 
same  are  required  to  be  set  forth  in  the  resolution  appointing 
such  election. 

(515)  §  3011.     SEC.   5.     The  council  shall   provide  and 
cause  to  be  kept  by  the  city  clerk,  for  use  at  all  elections, 
suitable  ballot  boxes  of  the  kind  required  by  law  to  be  kept 
and  used  in  townships. 

(516)  §  3012.     SEC.  6.     On  the  day  of  elections,  held  by 
virtue  of  this  act,  the  polls  shall  be  opened  in  each  ward,  at 
the  several  places  designated  by  the  council,  at  seven  o'clock 
in  the  morning  or  as  soon  thereafter  as  may  be,  and  shall  be 
kept  open  until  five  o'clock  in  the  afternoon,  at  which  hour 
they  shall  be  finally  closed.    The  inspectors  shall  cause  proc- 
lamation to  be  made  upon  opening  the  polls,  and  shall  also 
cause  proclamation  to  be  made  of  the  closing  of  the  polls,  one 
hour,  thirty  minutes  and  fifteen  minutes  respectively,  before 
the  closing  thereof. 

(517)  §  3013.    SEC.  7.    The  supervisor  and  two  aldermen 
of  each   ward  when   eligible   and   one  elector  of  the   ward 
to  be  appointed  by  the  council  shall,  except  as  in  this  act 
otherwise  provided,  constitute  the  board  of  inspectors  of  elec- 
tion.    If  by  reason  of  the  formation  of  new  wards  or  by  a 
change  in  the  boundaries  of  existing  wards  or  the  creation  of 
more  than  one  election  district  therein,  or  for  any  reason  there 
shall  not  be  a  sufficent  number  of  the  officers  last  named 
in  any  ward  or  district  to  make  a  board  of  four  inspectors 
for  each  election  district,  it  shall  be  the  duty  of  the  council, 
at  least  one  week  before  the  election,  to  appoint  a  sufficient 
number  of  inspectors,  who,  with  the  officers  above  named,  if 
any,  residing  in  the  ward  or  election  district  shall  constitute 
a  board  of  four  inspectors  for  the  ward  or  district,  and  if  at 
any  election  any  of  the  inspectors  above  provided  for  shall 
not  be  present,  or  remain  in  attendance,  the  electors  present 
may  choose,  viva  voce,  such  number  of  electors,  as  with  the 
inspector  or  inspectors  present  shall  constitute  a  board  of  four 
in  number,  and  such  electors  >so  chosen  shall  be  inspectors 
at     that   election,    during   the   continuance   thereof.     Each 
inspector  of  the  election  shall  receive  two  dollars  per  day  as 
compensation. 

(518)  §  3014.    SEC.  8.    The  inspectors  of  election  in  each 
ward  or  voting  district  shall  choose  one  of  their  number  chair- 
man of  the  board,  and  shall  designate  one  of  their  number  to 
act  as  clerk  of  the  election,  and  another  of  their  number  to 
act  as  second  clerk,  and  each  person  chosen  or  appointed  as 
inspector  of  election  shall   take  the  constitutional   oath  of 
office,  which  oath  either  of  the  inspectors  may  administer. 


Ballot  boxes, 
how  provided 
and  kept. 


When  polls 
to  be  open. 


When  inspect- 
ors to  make 
proclamation. 


Who  to  con- 
stitute board 
of  election 
inspectors. 


How  to  be 
chosen  when 
vacancy 
exists. 


Compensa- 
tion. 


Who  to  be 
chairman  and 
clerk  of 
board. 


LAWS    RELATING    TO    ELECTIONS.  163 

(519)  §  3015.     SEC.    9.     The  inspectors   of  election,   as  inspectors  of 
specified  in  the  last  two  sections,  shall  also  be  inspectors  of  lnTdistricty 
state,  county,  and  district  elections  in  their  respective  wards  election. 

or  voting  districts. 

(520)  §  3016.     SEC.  10.    All  elections  held  under  the  pro-  Elections 

•    •  nil.  ><••»«  -i,n  i  i        manner  of 

visions  of  this  act,  shall  be  conducted,  as  nearly  as  may  be,  conducting. 
in  the  manner  provided  by  law  for  holding  general  elections 
in  the  state,  except  as  herein  otherwise  provided;  and  the 
inspectors  of  such  elections  shall  have  the  same  powers  and 
authority  for  the  preservation  of  order,  and  for  enforcing 
obedience  to  their  lawful  commands  during  the  time  of  hold- 
ing the  election  and  the  canvass  of  the  votes,  as  are  conferred 
by  law  upon  inspectors  of  general  elections  held  in  this  state. 

(521)  §  3017.     SEC.  11.     The  council  shall,  at  least  ten  Election  com- 
days  previous  to  any  election,  appoint  a  board  of  three  elec-  ^ppXSent 
tion  commissioners,  not  more  than  two  of  whom  shall  belong  «*  duties. 

to  the  same  political  party,  who  shall  be  the  board  of  elec- 
tion commissioners  for  such  city  for  such  election,  and  they 
shall  perform  such  duties  relative  to  the  preparation  and 
printing  of  ballots  as  are  required  by  law  of  the  boards  of 
election  commissioners  of  counties. 

(522)  §  3018.    SEC.  12.    The  electors  shall  vote  by  ballot.  Electors  to 
Such  ballot  shall  be  prepared  and  furnished  by  the  board  of  baiiotby 
election  commissioners  as  provided  by  the  general  election 

laws  of  the  state,  and  shall  contain  the  names  of  all  officers 
to  be  voted  for,  and  all  questions  or  propositions  submitted 
to  be  voted  upon,  and  all  matters  touching  the  form  and  con- 
tents of  the  ballot  and  the  casting  and  canvassing  of  the 
same,  and  all  other  matters  touching  elections  shall  be  gov- 
erned by  the  general  election  laws  of  the  state,  when  not 
inconsistent  with  the  provisions  of  this  act. 

See  notes  to  general  law,   sections  122   et  seque. 

(523)  §  3019.     SEC.   13.     The  council  shall   convene  on  £°e™c^°de_ 
Thursday  next  succeeding  each  election,  at  their  usual  place  termine  result 
of  meeting,  and  determine  the  result  of  the  election  upon  each  Ol 
question  and  proposition  voted  upon,  and  what  persons  are 

duly  elected  at  the  said  election  to  the  several  offices  re- 
spectively ;  and,  thereupon,  the  city  clerk  shall  make  duplicate 
certificates,  under  the  corporate  seal  of  the  city,  of  such  deter- 
mination, showing  the  result  of  the  election  upon  any  ques- 
tion or  proposition  voted  upon,  and  what  persons  are  declared 
elected  to  the  several  offices  respectively ;  one  of  which  cer- 
tificates  he  shall  file  in  the  office  of  the  county  clerk,  in  the 
county  in  which  the  city  is  located,  and  the  other  shall  be 
filed  in  the  office  of  the  city  clerk. 

(524)  §  3020.     SEC.  14.     The  person  receiving  the  great-  wi™  to  be 
est  number  of  votes  for  any  offitee  in  the  city  or  wards,  shall  elected. 
be  deemed  to  have  been  duly  elected  to  such  office ;  and  if  in  case  of 
there  shall  be  no  choice  for  any  office  by  reason  of  two  or  ti( 
more  candidates  having  received  an  equal  number  of  votes, 

the  council  shall,  at  the  meeting  mentioned  in  the  preceding 


164 


STATE    OF    MICHIGAN. 


section,  determine  by  lot  between  such  persons  which  shall 
be  considered  elected  to  such  office. 

cierk  to  (525)     §  3021.     SEC.  15.     It  shall  be  the  duty  of  the  city 

Sefson  elected  clerk,  within  five  days  after  the  meeting  and  determination  of 

or  appointed.    ^  councjiy  as  provided  in  section  thirteen,  to  notify  each 

person  elected,  in  writing,  of  his  election ;  and  he  shall  also, 

within  five  days  after  the  appointment  of  any  person  to  any 

office,  in  like  manner  notify  such  person  of  such  appointment. 

Failure  to  me        (526)      §  3022.     SEC.  16.     Within  one  week  after  the  ex- 

gi°vnediiotice.to  pi  ration  of  the  time  in  which  any  official  bond  or  oath  of  office 

is  required  to  be  filed,  the  city  clerk  shall  report,  in  writing, 

to  the  council,  the  names  of  the  persons  elected  or  appointed 

to  any  office,  who  shall  have  neglected  to  file  such  oath  and 

requisite  bond  or  security  for  the  performance  of  the  duties 

of  the  office. 


ELECTIONS  IN  VILLAGES. 

[Extract  from  Act  3  of  1895.] 


CHAPTER   II. 


OFFICERS. 


Village 
officers. 


Term  of 
office. 


Proviso. 


Terms  of 
trustees  of 
village. 


(527)  §  2699.     SECTION  1.     In  each  village  the  following 
officers  shall  be  elected,  viz.,  a  president,  six  trustees,  one 
clerk,  one  treasurer,  who  shall  be  ex  officio  collector,  and  one 
assessor.    The  president  and  trustees  'shall  constitute  the  vil- 
lage council. 

Fpr  the  provisions  of  the  so-called  "Home  Rule"  act  for  villages,  see  act 
278  of  1909,  as  amended  by  act  71  of  1911. 

For  proceedings  relative  to  incorporation  of  villages  previous  to  the  enact- 
ment of  the  "Home  Rule"  act,  see  sections  2684-98,  C.  D.,  1897. 

(528)  §  2702.    SEC.  4.    The  president,  clerk,  treasurer  and 
assessor  shall   hold   their   respective   offices   for  the  term  of 
one  year  from  the  second  Monday  of  March  of  the  year  when 
elected,  and  until  their  successors  are  elected  and  qualified 
and  enter  upon  the  duties  of  their  offices:     Provided,  That 
no  person  shall  be  eligible  to  the  office  of  treasurer  for  more 
than  two  successive  terms. 

Village  of  Laurium  v.  Mills,  129/537. 

(529)  §  2703.    SEC.  5.    The  trustees  shall  hold  their  offices 
for  the  term  of  two  years  from  the  second  Monday  in  March 
of   the   year  when   elected,   and   until   their  successors   are 
qualified  and  enter  upon  the  duties  of  their  offices-;  except 
that  at  the  first    election  held  in  any  village  incorporated 


LAWS   RELATING   TO    ELECTIONS.  165 

subject  to  the  provisions  of  this  act,  six  trustees  shall  be 
elected,  three  for  the  term  of  one  year  and  three  for  the  term 
of  two  years  from  the  second  Monday  of  March  in  the  year 
when  elected,  and  annually  thereafter  three  trustees  shall  be 
elected  for  the  term  of  two  years. 

(530)  §  2704.      SEC.    6.     All    appointive   officers,   except  Term  of 
officers  appointed  to  fill  vacancies  in  elective  offices,  shall  hold  officer?.1^ 
their  respective  offices  until  the  second  Monday  of  April  next 

after  such  appointment,  and  until  their  successors  are  quali- 
fied and  enter  upon  the  duties  of  their  offices,  unless  a  differ- 
ent term  of  office  shall  be  prescribed  in  this  act,  or  in  the 
ordinance  or  resolution  creating  the  office.  Officers  appointed 
to  fill  vacancies  shall  hold  their  office  until  the  next  annual 
election,  and  until  their  'successors  are  elected  or  appointed 
and  qualified.  All  persons  elected  or  appointed  to  office  shall 
enter  upon  the  duties  thereof,  upon  taking  the  oath  of  office 
and  filing  the  requisite  security,  if  any  is  required  of  them. 

(531)  §  2705.     SEC.  7.    No  person  shall  be  elected  or  ap-  Qualification 
pointed  to  any  office  unless  he  shall  be  an  elector  of  the  village.  for  offlce- 
And  no  person  shall  be  elected  or  appointed  to  any  office 

in  the  village  who  has  been  or  is  a  defaulter  to  the  village 
or  to  any  board  of  officers  thereof,  or  to  any  school  district, 
county  or  other  municipal  corporation  of  the  state.  All 
votes  for  or  any  appointment  of  any  such  defaulter  shall  be 
void.  All  officers  of  the  village,  elected  or  appointed,  shall 
take  and  subscribe  the  oath  of  office  prescribed  by  the  con- 
stitution of  the  state,  and  file  the  same  with  the  clerk,  and 
in  case  of  failure  to  do  so,  within  ten  days  after  receiving 
notice  of  their  election  or  appointment,  shall  be  deemed  to 
have  declined  the  office. 


CHAPTER   III. 

ELECTIONS. 

(532)  §  2714.      SECTION   1.     After   the  first   election    an  Annual 
annual  election  of  officers  shall  be  held  on  the  second  Monday  electlon- 
in  March  in  each  year,  at  such  place  in  the  village  as  the 
council  shall  designate. 

(533)  §  2715.      SEC.    2.      Special   elections   may    be   ap-  special 
pointed  by  resolution  of  the  council,  and  held  at  such  times  election, 
as  they  shall  determine,  the  purpose  and  object  of  which  shall 

be  fully  set  forth  in  the  resolution  appointing  such  election. 

(534)  §  2716.    SEC.  3.    The  presideent  and  clerk,  and  two  who  to  be 
of  the  trustees,  or  any  four  of  the  trustees,  to  be  appointed 

by  the  council,  shall  be  the  inspectors  of  election.  The  presi- 
dent, when  present,  shall  be  chairman  of  the  board  of  election 
inspectors,  and  the  clerk,  if  present,  shall  act  as  clerk  of  the 
election,  and  the  inspectors  shall  appoint  one  of  their  num- 
ber to  act  as  second  clerk.  In  case  four  of  the  inspectors  do 


166 


STATE    OP    MICHIGAN. 


not  attend  at  the  opening  of  the  polls,  or  shall  not  remain  in 
attendance,  such  vacancy  shall  be  filled  as  provided  by  the 
general  election  laws  of  the  state,  and  in  case  either  the 
president  or  clerk,  or  both  of  them,  are  absent,  the  inspectors 
shall  designate  from  their  number  a  chairman  and  a  clerk. 
compensation  Each  inspector  of  election  shall  receive  as  compensation  two 

of  inspectors.      dollapg 


Notice  of  time 
of  holding 
election  to 
be  published. 


People  v.  Avery,  102  /  573. 

(535)  §  2717.  SEC.  4.  Notice  of  the  time  and  place  of 
holding  any  election,  and  of  the  officers  to  be  elected,  and  the 
questions  to  be  voted  upon,  shall,  except  as  herein  otherwise 
provided,  be  given  by  the  clerk,  at  least  eight  days  before  such 
election,  by  posting  such  notices  in  three  public  places  in  the 
village,  and  by  publishing  a  copy  thereof  in  a  newspaper  in 
the  village,  if  any  is  published  therein,  the  same  length  of 
time  before  the  election ;  and  in  case  of  a  special  election,  the 
notice  shall  set  forth  the  purpose  and  object  of  the  election  as 
fully  as  the  same  are  required  to  be  set  forth  in  the  resolution 
appointing  such  election. 

Highland   Park  v.   McAlpine,   117  /  668. 


Council  to  ap- 
point board  of 
election  com- 
missioners. 


Opening 
and  closing 
of  polls. 


Manner  of 

conducting 

elections. 


(536)  §  2718.     SEC.   5.     The  council   shall,  at  least  ten 
days  previous  to  any  election,  appoint  a  board  of  three  elec- 
tion commissioners,  not  more  than  two  of  whom  shall  belong 
to  the  same  political  party,  who  shall  be  the  board  of  election 
commissioners  for  such  village  for  such  election,   and  they 
shall   perform   such  duties  relative  to  the  preparation   and 
printing  of  ballots  as  are  required  by  law  of  the  boards  of 
election  commissioners  of  counties.     The  council  shall  also 
provide  and  cause  to  be  kept  by  the  clerk,  for  use  at  all  elec- 
tions, suitable  ballot  boxes  of  the  kind  required  by  law  to 
be  kept  and  used  in  townships. 

(537)  §  2719.    SEC.  6.    On  the  day  of  elections,  the  polls 
shall  be  opened  at  seven  o'clock  in  the  morning,  or  as  soon 
thereafter  as  may  be,  and  shall  be  kept  open  until  five  o'clock 
in  the  afternoon,  at  which  hour  they  shall  be  finally  closed. 
The  inspectors  shall   cause  proclamation   to  be  made  upon 
opening  the  polls,  and  shall  also  cause  proclamation  to  be 
made  of  the  closing  of  the  polls,  one  hour,  thirty  minutes, 
and  fifteen  minutes,  respectively,  before  the  closing  thereof. 

(538)  §  2720.     SEC.  7.    All  elections  in  said  village  shall 
be  conducted  as  nearly  as  may  be  in  the  manner  provided  by 
law   for   holding   general    elections   in   the   state,   except   as 
herein  otherwise  provided ;  and  the  inspectors  of  such  election 
shall  have  the  same  powers  and  authority  for  the  preservation 
of  order,  and  for  enforcing  obedience  to  their  lawful  com- 
mands during  the  time  of  holding  the  election  and  the  canvass 
of  the  votes,   as   are   conferred  by   law1  upon   inspectors  of 
general  elections  held  in  this  state.    If  at  any  election  vacan- 
cies are  to  be  filled,  or  if  any  person   is  to  be  elected  for 


LAWS   RELATING   TO    ELECTIONS.  167 

less  than  a  full  term  of  office,  the  term  shall  be  designated  on 
the  ballot. 

See  notes  to   sections  of  the  general  election   law,  sections  122   et  seque. 

(539)  §  2721.     SEC.   8.     Immediately    after    closing    the  canvass  of 
polls,  the  inspectors  of  election   shall,   without   adjourning,  pKc!0 1 
publicly  canvass  the  votes  received  by  them,  and  declare  the 
results,  and  shall  on  the  same  day  or  the  next  day  make  a 
statement  in  writing,  setting  forth  in  words  at  full  length, 

the  whole  number  of  votes  given  for  each  office,  the  names  of 
the  persons  for  whom  such  votes  for  each  office  were  given, 
and  the  number  of  votes  so  given  for  each  person,  and  the 
whole  number  of  votes  given  upon  each  question  voted  upon, 
and  the  number  of  votes  for  and  against  the  same,  which 
statement  shall  be  certified  under  the  hands  of  the  inspectors 
to  be  correct,  and  they  shall  deposit  such  statement  and  cer-  certificate 
tificate  on  the  day  of  election,  or  on  the  next  day,  together  of  election. 
with  said  poll  lists,  and  the  register  of  electors,  and  the  boxes 
containing  said  ballots  in  the  office  of  the  village  clerk.  The 
manner  of  canvassing  said  votes  shall  be  the  same  as  pre- 
scribed by  law  for  canvassing  votes  at  general  elections  held 
in  this  state,  and  the  inspectors  shall  in  all  other  respects, 
except  as  herein  otherwise  provided,  conform,  as  nearly  as 
may  be  to  the  duties  required  of  inspectors  of  election  at 
general  elections. 

(540)  §  2722.      SEC.    9.     The   council    shall    convene   on  council  to  de- 
Thursday  next  succeeding  each  election,  at  their  usual  place 

of  meeting,  and  determine  the  result  of  the  election  upon 
each  question  and  proposition  voted  upon,  and  what  persons 
were  duly  elected  at  the  said  election  to  the  several  offices 
respectively;  and  thereupon  the  clerk  shall  make  duplicate 
certificates  of  such  determination,  showing  the  result  of  the 
election  upon  any  question  or  proposition  voted  upon,  and 
what  persons  are  declared  elected  to  the  several  offices  re- 
spectively; one  of  which  certificates  he  shall  file  in  the  office 
of  the  county  clerk  of  the  county  in  which  the  village  is 
located,  and  the  other  shall  be  filed  in  the  office  of  the  village 
clerk. 

(541)  §  2723.     SEC.  10.     If  there  shall  be  no  choice  f  or  m  case  of  tie, 
any  office  by  reason  of  two  or  more  candidates  having  re-  determine 
ceived  an  equal  number  of  votes,  the  council  shall   at  the  by  lot. 
meeting  mentioned   in  the  preceding  section,   determine  by 

lot  between  such  persons  which  shall  be  considered  elected 
to  >such  office. 

(542)  §  2724.    SEC.  11.    It  shall  be  the  duty  of  the  clerk,  village  clerk 
within  five  days  after  the  meeting  and  determination  of  the  sonTeiected^" 
council,  as  provided  in  this  chapter,  to  notify  each  person 
elected,  in  writing,  of  his  election;  and  he  shall  also,  within 

five  days  after  the  appointment  of  any  person  to  any  office,  in 

like  manner  notify  such  person  of  the  appointment.  cierk  to  report 

(543)  §  2725.     SEC.  12.     Within  one  week  after  the  expi-  failure  of  offl- 

\  -    ,1         ,.  1-1  ao    •    i    i_       j  xi,       £  cers  to  hie 

ration   of  the  time   in   which   any   official   bond   or  oath   of  oath  or  bond. 


168 


STATE    OF   MICHIGAN. 


office  is  required  to  be  filed,  the  clerk  shall  report  in  writing 
to  the  council  the  names  of  all  persons  elected  or  appointed 
to  any  office,  who  shall  have  neglected  to  file  such  oath  or 
bond. 

Division  of  vii-  (544)  §  272G.  SEC.  13.  The  council  of  any  village  hav- 
in|epredncts"  ing  more  than  six  hundred  and  fifty  electors  according  to  the 
poll  list  of  the  last  preceding  election,  may  cause  such  vil- 
lage to  be  divided  into  two  or  more  voting  precincts,  and  the 
manner  of  making  such  division,  the  registration,  and  holding 
of  elections  and  of  canvassing  the  votes,  and  all  other  matters 
pertaining  to  the  division  of  villages  into  voting  precincts, 
and  of  the  holding  of  elections  therein,  shall  be  governed  by 
the  general  laws  of  the  state  relating  thereto. 


CHAPTER  XIII.— MISCELLANEOUS. 


VOTING  MACHINES. 

An  Act  to  provide  for  the  casting,  registering,  recording  and  count- 
ing of  ballots  or  votes  at  any  regular  or  special  election  held  in 
the  state  of  Michigan,  by  means  of  voting  machines;  to  provide  for 
the  purchase  of  same  and  to  repeal  all  acts  or  parts  of  acts  incon- 
sistent herewith. 

[Act   287   of   1907.] 

The  People  of  the  State  of  Michigan  enact: 

voting  ma-  (545)     SECTION  1.     At  all  state,  county,  city,  village  and 

aKiectioSns°f>  township  elections  hereafter  held  in  the  state  of  Michigan, 
ballots  or  votes  may  be  cast,  registered,  recorded  and  counted 
by  means  of  voting  machines,  as  hereinafter  provided. 

The  acts  relative  to  the  use  of  the  "Rhines  Vote  Recorder,"  "Myers  Bal- 
lot Machine"  and  the  "Abbott  Voting  Machine,"  are  omitted  from  this  com- 
pilation, see  sections  3759-3823,  C.  L.,  1897. 

This  act  refers  to  elections  at  which  persons  are  given  public  offices  by 
a  plurality  of  the  votes  of  all  the  electors  voting  thereat,  and  does  not 
authorize  the  use  of  voting  machines  at  primary  elections. — Line  v.  Election 
Com'rs,  154  /  329.  A  vote  by  voting  machine  is  a  proper  vote  by  ballot. — 
Detroit  v.  Election  Inspectors,  139  /  548 ;  Henderson  v.  Saginaw  Election 
Com'rs,  160  /  36.  But  for  a  later  enactment  authorizing  the  use  of  voting 
machines  at  primary  elections,  see  sections  569-574. 


Board  may 
purchase, 
etc.,  voting 
machines. 


(546)  SEC.  2.  Hereafter  the  board  of  supervisors  of  any 
county,  the  common  council  of  any  incorporated  city  or  vil- 
lage, or  the  township  board  of  any  township  in  the  state  of 
Michigan,  may,  by  a  majority  vote,  authorize,  purchase  and 
order  the  use  of  any  thoroughly  tested  or  reliable  voting 
machine  in  any  one  or  more  voting  precincts  within  said 
county,  city,  village  or  township  until  otherwise  ordered  by 
the  officers  adopting  the  same. 

Am.   1909,  Act  214. 


LAWS    RELATING    TO    ELECTIONS.  169 

(547)  SEC.  3.     A  voting  machine  to  be  purchased  as  pro-  voting  ma-^ 
vided  in  section  two  of  this  act  must  be  so  constructed  as  to  strSo^of. 
provide  facilities  for  voting  for  the  candidates  of  at  least 

seven  different  parties  or  organizations,  and  must  permit  all 
voters  to  vote  for  any  person  for  any  office  although  not  nom- 
inated as  a  candidate  by  any  party  or  organization,  and  must 
permit  voting  in  secrecy.  It  shall  also  be  so  constructed  that 
votes  may  be  cast  thereon  for  constitutional  amendments  or 
any  other  public  measure;  it  must  also  be  so  constructed  as 
to  provide  for  at  least  thirty  candidates  for  each  party  or- 
ganization at  any  and  all  elections  and  said  machine  must  be 
constructed  of  good  and  durable  material  in  a  workmanlike 
manner,  and  also  so  constructed  that  it  can  be  easily  and  con- 
veniently operated  by  inspectors  of  election  and  the  voters; 
it  must  also  be  so  constructed  as  to  prevent  voting  for  more 
than  one  person  for  the  same  office,  except  where  the  voter  is 
entitled  to  vote  for  more  than  one  person  for  that  office,  and 
it  must  afford  him  an  opportunity  to  vote  for  any  and  all  per- 
sons for  that  office  as  he  is  by  law  entitled  to  vote  for  and 
no  more,  at  the  same  time  preventing  his  voting  for  the  same 
person  twice.  It  may  also  be  provided  with  one  ballot  in  each  Ballots  for 
column  containing  the  words  "Presidential  Electors,"  pre- 
ceded  by  the  party  name,  and  a  vote  for  such  ballot  shall 
operate  as  a  vote  for  all  the  candidates  of  such  party  for 
presidential  electors. 

Am.   Extra   Session,  1907,  Act  7. 

(548)  SEC.  4.    The  board  of  supervisors  of  any  county,  the  Board  to 
common  council  of  any  city  or  village,  or  the  township  board 

of  any  township  adopting  a  voting  machine,  shall  as  soon  as 
practicable  thereafter,  provide  for  each  election  district,  a 
voting  machine  in  complete  working  order  and  shall  there- 
after keep  the  same  in  repair  and  shall  have  the  custody 
thereof,  and  of  the  furniture  and  equipment  of  the  polling 
place  when  not  in  use  at  an  election.  If  it  shall  be  imprac- 
ticable to  supply  each  and  every  election  district  with  a 
voting  machine  at  any  election  following  such  adoption,  as 
many  may  be  supplied  as  it  is  practicable  to  procure,  and 
the  same  may  be  used  in  such  election  district  or  districts 
within  the  county,  city,  village  or  township  as  the  officers 
adopting  same  may  determine.  More  than  one  voting  ma- 
chine may  be  provided  and  used  in  any  election  precinct. 

Am.    1909,   Act   214. 

(549)  SEC.  5.    The  board  of  supervisors  of  any  county,  the 
common  council  of  any  city  or  village,  or  the  township  board 
of   any   township  on   the  adoption   and   purchase  of  voting 
machines  may  provide  for  the  payment  thereof  in  such  man- 
ner as  they  deem  for  the  best  interest  of  the  county,  city, 
village  or  township,  and  may    for   that   purpose   issue  bond 
certificates  of  indebtedness  or  other  obligations  which  shall 


170 


STATE    OF    MICHIGAN. 


Ballot 
labels. 


be  a  charge  on  the  county,  city,  village  or  township,  as  the 
HOW  issued,  case  may  be.  Such  bonds,  certificates  or  other  obligations 
may  be  issued  with  or  without  interest,  payable  at  such  time 
or  times  as  the  authorities  may  determine,  but  shall  not  be 
Refunding.  issued  or  sold  at  less  than  par.  It  is  further  provided  that 
in  case  any  city,  village  or  township  of  a  county  in  which 
the  use  of  voting  machines  shall  have  been  determined  upon 
by  the  board  of  supervisors,  shall  have  previously  purchased 
voting  machines,  such  city,  township  or  village  shall  have 
returned  to  it  from,  the  general  fund  of  said  county,  such 
pro  rata  amount  of  the  whole  cost  for  the  county  as  the 
number  of  voting  precincts  so  previously  provided  by  any 
such  city,  township  or  village,  bears  to  the  whole  number 
in  the  county,  but  not  exceeding  the  amount  previously  paid 
by  any  such  city,  township  or  village. 

Am.  Id. 

(550)  SEC.  6.  All  ballot  labels  shall  be  printed  in  black 
ink,  on  clear  white  material  of  such  size  as  will  fit  the  ballot 
frame  and  in  plain  type  as  the  space  will  reasonably  permit. 
The  party  vignette  and  the  name  for  each  political  party 
represented  on  the  machines  shall  be  prefixed  to  the  name  of 
the  candidates  for  such  party.  The  names  of  candidates  for 
office  to  be  voted  for  at  such  election  shall  be  placed  upon 
such  machines  in  the  same  order  that  the  names  of  candi- 
dates for  office  are  now  required  to  be  placed  upon  printed 
ballots  by  the  general  election  law1.  Where  candidates  for 
local  offices  in  any  city,  village  or  towtiship  are  to  be  voted 
for  at  the  same  election  with  state  or  county  candidates, 
the  names  of  the  candidates  for  such  offices  shall  be  placed 
last  upon  such  voting  machines,  following  the  name  of  can- 
didates for  state,  county  and  other  offices  to  be  voted  for 
at  such  election.  The  order  in  which  the  names  of  such  can- 
didates for  local  offices  shall  be  placed  upon  such  machines 
shall  be  prescribed  by  the  board  of  election  commissioners 

Amendments,  of  the  city,  village  or  township,  as  the  case  may  be.  Where 
amendments  to  the  constitution  or  other  questions  are  to  be 
voted  on,  such  amendments  or  questions  shall  be  placed  on 
the  voting  machine,  upon  the  portion  of  the  keyboard  pro- 
vided therefor.  Two  or  more  independent  nominations  may 
be  placed  upon  the  same  party  row  and  such  candidates  shall 
be  voted  for  individually.  The  party  lever  or  device,  if  any, 
in  connection  with  such  party  row1,  shall  be  locked  whenever 
such  party  row  does  not  contain  the  names  of  candidates 
of  a  party  organization  or  the  names1  of  an  independent  body 
which  may  have  nominated  candidates  for  more  than  one 

vignettes.  office.  The  vignettes  adopted  for  such  independent  candi- 
dates, if  any,  shall  be  printed  upon  the  ballot  labels  in  con- 
nection with  the  names  of  such  candidates.  Where  voting 
machines  are  purchased  or  are  used  the  election  commis- 
sioners of  the  county,  city  or  village  or  township  shall  not  be 
required  to  print  and  furnish  paper  ballots  for  election  dis- 


Arrangement 
of  names. 


LAWS   RELATING   TO    ELECTIONS.  171 

tricts  using  voting  machines,  except  for  any  question  or  mat- 
ter that  cannot  be  provided  for  by  the  voting  machines.  The  Ballot  slips. 
board  of  election  commissioners  of  the  county,  shall  cause  to 
be  printed  ballot  labels  or  slips  containing  the  names1  of  can- 
didates for  all  offices  to  be  voted  for  or  questions  to  be  voted 
upon,  except  when  the  city,  village  or  township  officials  only 
are  to  be  elected,  at  which  time  the  city,  village  or  township 
clerk  shall  provide  such  ballot  labels  for  use  upon  such  voting 
machines,  and  shall  forward  the  same  to  the  board  of  election 
commissioners  of  each  city,  village  or  township  within  the 
county  where  such  voting  machines  are  used  at  least  five 
secular  days  before  the  day  of  election :  Provided,  That  when-  proviso. 
ever  local  officers  are  to  be  elected  at  any  such  general  elec- 
tion, it  shall  be  the  duty  of  the  city,  township  or  village  clerk, 
respectively,  to  file  with  the  board  of  election  commissioners 
of  the  county,  the  titles  of  offices,  the  names  of  all  the  can- 
didates to  be  voted  for,  and  all  questions  or  propositions  to 
be  voted  upon  within  such  city,  township  or  village,  at  that 
election. 

Am.   Id. 

(551)  SEC.  7.     Two  additional  sets  of  ballot  labels  shall  Ballot  labels, 
be  provided  for  each  polling  place  for  each  election  for  use  tets't^be1 
on  the  voting  machine  and  the  same  shall  be  delivered  by  the  provided. 
board  of  election  commissioners  to  the  election  board  of  each 

voting  precinct.  Envelopes  for  the  delivery  and  return  of  the 
keys  of  the  voting  machine  shall  be  furnished  by  the  county 
clerk  upon  which  shall  be  printed  or  written  the  number  of 
the  machine,  the  ward  or  precinct  and  the  record  of  the  pro- 
tective counter,  if  any,  and  the  numbers  of  the  seals  before 
and  after  the  election ;  each  of  which  shall  be  correctly  filled 
out  and  be  delivered  to  the  proper  board  or  official.  In  all  instruction 
general  or  city  elections  where  voting  machines  are  used  ballots- 
there  shall  be  furnished  by  the  board  of  election  comimission- 
ers of  the  county,  to  the  election  board  in  each  such  precinct 
in  the  county,  a  sufficient  number  of  instruction  ballots  of 
the  reduced  size,  showing  the  key  board  of  the  voting  machine 
as  it  will  appear  after  the  official  ballots  are  arranged  for 
voting  on  election  day  with  the  titles  of  offices,  names  of 
candidates,  questions,  etc.,  and  with  illustrations  and  brief 
instructions  how  to  vote. 

Am.  Id. 

(552)  SEC.  7a.     One  of  such  models  containing  fictitious  Machine 
names  of  candidates  must  be  delivered  to  each  board  of  elec- in 
tions  for  use  on  election  day  and  one  of  said  board,  or  some- 
one appointed  by  them,  shall  offer  to  exhibit  and  explain  the 
operation  of  the  voting  machine  by  use  of  the  model,  to  each 
voter  before  such  voter  shall  be  allowed  to  pass  wlithin  the 
guard  rail  to  vote.     Printed  instructons  how  to  vote,  circu- 
lated to  voters,  must  conform  to  the  instructions  approved 


172 


STATE    OP    MICHIGAN. 


by  the  official  providing  ballots,  and  adapted  to  the  machine 
used. 


County  clerk, 
duty  of, 
relative  to 
machines,  etc. 


To  employ 
custodians. 


When  super- 
intendent, 
etc.,  to  act  a 
custodian. 


Duties. 


Election 
commission- 
ers, duties, 
etc. 


Added    Id. 


Certificates, 
what  to  state, 


When  ma- 
chines to 
be  sealed. 


(553)  SEC.  7b.  The  clerk  of  each  county  in  which  voting 
machines  are  to  be  used,  in  whole  or  in  part,  shall  cause  the 
proper  ballot  labels  to  be  placed  on  the  machines  and  the 
machines  in  every  way  put  in  order,  set  and  arranged,  ready 
for  use  in  voting  at  such  election ;  and  for  the  purpose  of  so 
labeling,  putting  in  order,  setting  and  arranging  the  machine, 
shall  employ  one  or  more  competent  persons  who  shall  be 
known  as  voting  machine  custodian  or  custodians,  who  shall 
be  sworn  to  perform  their  duties  honestly  and  faithfully, 
and  for  such  purpose  shall  be  considered  as  officers  of  elec- 
tion and  shall  be  paid  for  the  time  spent  in  the  discharge 
of  their  duties,  in  the  same  manner  as  other  election  officers 
are  paid.  In  counties  where  elections  are  in  charge  of  a 
superintendent  of  elections,  the  superintendent  and  his  dep- 
uties shall  act  as  such  custodians.  In  cities  where  there  are 
more  than  twenty  voting  machines,  more  than  one  custodian 
shall  be  appointed,  Who  shall  be  selected  from  the  two  politi- 
cal parties  entitled  to  representation  on  a  board  of  election 
officers.  Said  custodian  or  custodians  shall,  under  the  direc- 
tion of  the  said  county  clerk,  cause  the  machines  to  be  prop- 
erly labeled,  put  in  order,  set  and  arranged.  In  preparing 
a  voting  machine  for  an  election,  the  custodian  shall,  accord- 
ing to  the  printed  directions  furnished,  arrange  the  machine 
and  the  ballots  therefor  so  that  it  will  in  every  particular 
meet  the  requirements1  for  voting  and  counting  at  such  elec- 
tion, and  thoroughly  test  the  same.  Before  preparing  the 
voting  machines  for  any  election,  written  notice  shall  be 
mailed  to  the  election  commissioners  of  the  city  or  township 
in  which  the  machine  or  machines  are  to  be  used,  stating  the 
time  and  place  where  the  machines  will  be  prepared,  at  which 
time  such  election  commissioners  shall  be  afforded  an  oppor- 
tunity to  see  that  the  machines  are  in  proper  conditions  for 
use  in  the  election.  Such  election  commissioners  shall  be 
sworn  to  faithfully  perform  their  duties  and  shall  be  re- 
garded as  election  officials  but  shall  not  interfere  with  the 
custodian  or  assume  any  of  his  duties.  When  a  machine  has 
been  prepared  for  the  election,  it  shall  be  the  duty  of  such 
election  commissioners  to  make  a  certificate  in  writing,  which 
shall  be  filed  in  the  office  of  the  county  clerk,  stating  the  num- 
ber of  the  machine,  the  location  of  the  polling  place,  whether 
or  not  all  the  candidates  and  question  counters  and  the  pub- 
lic counter  are  set  at  zero,  the  number  registered  on  the 
protective  counter,  if  one  is  provided,  and  the  number  of  the 
metal  seal  with  which  the  machine  is  sealed.  Immediately 
after  the  election  commissioners  of  each  city  or  township,  re- 
spectively, have  inspected  and  certified  to  the  correct  prepa- 
ration of  each  of  the  voting  machines  to  be  used  within  the 
city  or  township,  within  which  they  are  authorized  to  act, 


LAWS    RELATING   TO    ELECTIONS.  173 

the  custodian  shall  seal  each  of  said  machines  with  a  num- 
bered metal  seal  and  shall  make  out  a  similar  statement  cer- 
tifying to  the  correct  adjustment  of  each  of  such  machines 
and  such  certificate  shall  be  signed  by  the  custodian  and  filed 
in  the  office  of  the  recorder  or  clerk  of  the  city  or  township 
in  which  such  machine  or  machines  are  to  be  used.  Each 
voting  machine  shall  be  furnished  with  a  lantern  or  other 
device  for  lighting,  which  shall  give  sufficient  light  to  enable 
voters  while  in  the  booth  or  other  enclosure  to  read  the  bal- 
lot labels,  and  suitable  for  use  by  the  election  officers  in 
examining  the  counters  of  the  machine.  It  shall  be  the  duty  when 
of  the  election  commissioners  under  the  direction  of  the  custo-  dellvered- 
dian,  to  cause  the  voting  machines  to  be  delivered  at  the 
respective  polling  places  in  which  they  are  to  be  used  at  least 
one  hour  before  the  time  set  for  opening  the  polls :  Provided, 
That  police  protection  shall  be  furnished  by  the  local  author- 
ities  whenever  the  officers  charged  with  the  duty  of  preparing 
such  machines  shall  deem  such  protection  necessary  to  pre- 
vent possible  injury  of  any  one  or  more  voting  machines,  but 
such  machines  shall  at  all  times  be  under  the  supervision  of 
such  officer,  except  during  the  hours  prescribed  by  law  for 
voting  on  election  day. 

Added   Id. 

(554)     SEC.  7c.     At  least  ten  days  prior  to  each  election,  instructions 
the  custodian  or  custodians  of  the  voting  machines  shall  in- 
struct  each  board  of  election  inspectors  that  is  to  serve  in  an 
election  district,  in  the  use  .of  the  machine,  and  in  the  duty 
of  inspectors  of  election,  in  accordance  with  the  law  and  the 
printed  instructions  suitable  to  the  machine  used,  copies  of 
which  printed    instructions  shall  be  mailed  to  each  election 
officer  prior  to  the  time  set  for    such  instruction  meetings. 
The  custodian   shall  give  to  each  inspector  of  election,  that 
has  received  such  instruction  and  is  fully  qualified  to  prop- 
erly conduct  the  election  with  the  voting  machine,  a  certificate 
to  that  effect.     For  the  purpose  of  giving  such  instruction,  Meetings, 
the   custodian   shall   call   such   meeting  or  meetings  of  the  who  to  calh 
inspectors  of  election  as  shall  be  necessary.     Such  custodian  Report, 
shall  without  delay  thereafter  file  a  report  with  the  board  or  J[ate.to 
official  in  charge  of  elections  stating  that  he  has  instructed 
the  election  officers,  giving  the  names  and  postoffice  addresses 
of  such  election  officers  and  the  time  and  place   where  such 
instruction  was  given.    The  inspectors  of  election  of  each  elec- 
tion district  in  which  a  voting  machine  is  to  be  used,  shall 
attend  such  meeting  or  meetings  as  shall  be  called  for  the 
purpose  of  receiving  such  instructions  concerning  their  duties 
as  shall  be  necessary  for  the  proper  conduct  of  the  election 
with  the  voting  machine.     Each    inspector    of   election    that  inspector, 
shall  qualify  for  and  serve  in  the  election  shall  be  paid  one  paym 
dollar  for  the  time  spent  in  receiving  such  instruction  in  the 
same  manner  and  at  the  same  time  as  he  is  paid  for  his  ser- 


174 


STATE    OF    MICHIGAN. 


Who  may 
serve. 


Proviso, 
vacancy. 


Ballot  clerks, 
etc.,  may  be 
dispensed 
with. 

Duty  of 
inspectors 
before  open- 
ing of  polls. 


Instruction 
cards,  where 
posted. 


Keys  to  be 
delivered 
in  sealed 
envelope. 


When  to  be 
opened. 


When  clerk, 
etc.,  to  re- 
examine 
machine. 


vices  on  election  day.  No  inspector  of  election  shall  serve  in 
any  election  at  which  a  voting  machine  is  used,  unless  he 
shall  have  received  such  instruction  and  is  fully  qualified  to 
perform  his  duties  in  connection  with  the  machine,  and  has 
received  a  certificate  to  that  effect  from  the  custodian  of  the 
machines:  Provided,  That  this  shall  not  prevent  the  appoint- 
ment of  an  inspector  of  election  to  fill  a  vacancy  in  an  emer- 
gency. 

Added   Id. 

(555)  SEC.  8.    Ballot  clerks  and  gate-keepers  may  be  dis- 
pensed with  in  voting  precincts  in  any  city,  village  or  town- 
ship where  voting  machines  are  used. 

(556)  SEC.  9.     The  inspectors  of  election  and  poll  clerks 
of  each  district  shall  meet  at  the  polling  place  therein,  at 
least  a  half  hour  before  the  time  set  for  the  opening  of  the 
polls  at  such  election,  and  shall  proceed  to  arrange  within 
the  guard  rail  the  furniture,  and  voting  machine  for  the  con- 
duct of  the  election.     The  inspectors  of  election  shall  then 
and  there  have  the  voting  machine,  ballots  and  stationery 
required  to  be  delivered  to  them  for  such  election,  and  the 
registry  of  the  electors  required  to  be  made  and  kept  therefor. 
The  inspectors  shall  thereupon  cause  at  least  two  instruction 
cards  and  if  printed  in  different  languages  at  least  two  of 
each  language,  to  be  posted  conspicuously  within  the  polling 
place.    If  not  previously  done,  they  shall  insert  in  their  proper 
place  on  the  voting  machine  the  ballot  labels  containing  the 
names  of  the  offices  to  be  filled  at  such  election,  the  names 
of  the  candidates  nominated  therefor  and  the  question,  if 
any,  to  be  voted  upon.     The    keys   of    the    voting  machines 
shall  be  delivered    to    the   election  officers  at  least  one-half 
hour  before  the  time  set  for  opening  the  polls,  in  a  sealed 
envelope,  on  which  shall  be  written  or  printed  the  number 
and  location  of  the  voting  machine,  the  number  on  the  seal 
and,  if  provided  with  a  protective  counter,  the  number  regis- 
tered on  such    counter  as    reported  by  the  custodian.     The 
envelope  containing  the  keys  shall  not  be  opened  until  at  least 
two  of  the  inspectors  shall  be  present  at  the  polling  place 
and  shall  have  examined  the  envelope  to  'see  that  it  has  not 
been  opened.     Before  opening  the  envelopes,  all  election  offi- 
cers present  shall  examine  the  number  of  the  seal  on  the 
machine,  also  the  number  registered  on  the  protective  counter, 
if  one  is  provided,  and  shall  see  if  they  are  the  same  as  the 
numbers  written   on   the  envelope  containing  the  keys.     If 
found  not  to  agree,  the  envelope  must  not  be  opened  until 
the  county  clerk,  if  it  be  a  general  election,  or  the  city  or 
township  clerk,  if  it  be  an  election  at  which  local  officers  only 
are  elected,  or  the  custodian  duly  appointed  and  authorized 
to  act  for  >such  clerk,  shall  have  been  notified  and  shall  have 
presented  himself  at  the  polling  place  for  the  purpose  of  re- 
examining  such  machine  and  shall  certify  that  it  is  properly 
arranged.    If  the  numbers  on  the  seal  and  protective  counter, 


LAWS   RELATING   TO    ELECTIONS.  175 

if  one  is  provided,  are  found  to  agree  with  the  numbers  on 
the  envelope,  the  inspectors  shall  proceed  to  open  the  doors 
concealing  the  counters.  Before  the  polls  are  opened  for  the  when  coun- 
election,  each  inspector  shall  carefully  examine  every  counter  {JSJ^J}. 
and  see  that  it  registers  zero,  and  the  same  shall  be  subject 
to  the  inspection  of  the  official  challengers  who  may  be  pres- 
ent. If  any  counter  for  a  candidate  or  question  is  found  not 
to  register  zero,  the  inspectors  of  election  shall  immediately 
notify  the  county,  city  or  township  clerk,  under  whose  direc- 
tion such  machine  has  been  prepared  for  election  and  said 
clerk  or  the  custodian  appointed  by  him  shall  adjust  the 
counter  at  zero,  re-examine  the  machine  and  certify  to  its 
proper  adjustment  for  use  in  the  election.  During  the  ex- 
amination of  the  voting  machine  by  the  inspectors  of  elec- 
tion the  operating  lever  of  the  machine  shall  remain  locked 
against  voting  until  the  polls  are  formally  opened  and  shall 
not  be  operated  except  by  the  electors  in  voting. 

Am.  1909.  Act  214. 

(557)     SEC.  10.    Ballots  voted  for  any  person  whose  name  "irregular 
does  not  appear  on  the  machine  as  a  nominated  candidate  ballots-" 
for  office  are  herein  referred  to  as  "Irregular  Ballots."     To 
provide  any  and  every  voter  who  desires  to  vote  for  any  per- 
son rwhose  name  is1  not  on  the  machine  or  for  any  combination 
of  names  that    could  not  be  voted    with    the  machine,  with 
means  by  which    he  can  so  vote,   the    inspectors  of  election 
shall,  if  the  type  of  machine  so  require,  prior  to  the  opening 
of  the  poll,  placed  inside  the  curtain  or  other  enclosure  en- 
closing the  face  of  the  machine  a  reasonable  number  of  bal- 
lots suitable  to  the  machine  used,  together  with  pencil  and 
appliances  necessary  for  the  voting  thereof.     The  inspectors  instructions 
of  election  shall   also  cause  to  be  placed  in  a  conspicuous  as  to  ball°ts- 
place  inside  the  polling  place  at  least  two  cards  not  less  than 
twelve  inches  square  on  which  shall  be  plainly  printed  full 
and  explicit  instructions  for  the  use  of  such  ballots.    A  voter 
desiring  to  vote  as  aforesaid  may  fill  out  one  of  said  ballots 
with  the  names  of  the  persons  he  desires  to  vote  for,  but 
which  could  not  be  voted  with  the  machine,    designate    for 
which  of  the  candidates  he  desires  the  remainder  of  his  ticket 
to  be  voted,  place  the  same  in  or  upon  the  appliance  provided 
therefor,  and  deposit  such  ballot  in  a  receptacle  on  the  ma- 
chine provided  for  the  irregular  ballots  or  in  a  ballot  box 
and  the  ballot  so  cast  shall  be  counted  at  the  close  of  the 
election :     Provided,  It  contains  a  name  or  names  or  a  com-  Proviso. 
bination  of  names  that  could  not  have  been  voted  with  the 
machine.     Any  person  removing  from  said  enclosure  any  of  Misdemeanor, 
said  ballots  or  appliances  provided  for  the  voting  of  the  same,  tjjjjg ^penalty 
except  for  the  purpose  of  using  the  same  in  a  manner  herein 
provided,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  before  a  court  of  competent  jurisdiction 
shall  be  punished  by  a  fine  of  not   more   than   one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  of  the  county 


176 


STATE    OF    MICHIGAN. 


Emergency 
ballots. 


Who  to 
provide. 


When  emer- 
gency declar- 
ed to  exist. 


in  which  the  offense  shall  be  committed  for  a  period  of  not 
exceeding  ninety  days  or  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court.  Emergency  ballots  shall  also  be 
provided  by  the  board  of  election  commissioners  of  the 
county,  having  suitable  blank  >spaces  to  permit  the  voter  to 
vote  a  straight  party  ticket,  or  if  he  desires  to  split  his  party 
ticket,  to  indicate  the  party  ticket  the  majority  of  whose 
candidates  he  favors,  together  with  the  names  of  such  other 
candidates  for  which  he  desires  to  vote.  Such  ballots  shall  be 
used  only  in  emergency  and  upon  special  permission  of  the 
board  or  official  whose  duty  it  is  to  provide  ballots  for  the 
election  and  who  shall  prepare  such  ballots  and  same  shall 
be  held  by  the  city  or  township  clerk  subject  to  the  order  of 
the  county  clerk  or  other  authorized  person.  It  shall  not  be 
necessary  to  provide  such  emergency  ballots  for  each  election, 
unless  same  shall  have  been  used,  destroyed  or  lost,  in  which 
case  similar  ballots  shall  again  be  provided.  If  at  any  time 
during  the  election  the  voting  machine  is1  disabled  and  cannot 
be  repaired  and  no  other  voting  machine  can  be  had  to  supply 
its  place,  an  emergency  shall  be  declared  to  exist  and  the 
voting  thereafter  at  that  election,  in  that  voting  precinct 
shall  be  by  ballot,  in  the  manner  hereinafter  provided  in 
this  section;  the  board  or  official  having  the  custody  of  such 
emergency  ballots  shall  when  so  directed,  supply  a  sufficient 
number  of  such  ballots  to  the  election  board  for  use  by  the 
voters.  One  of  such  ballots  shall  be  delivered  by  the  election 
board  to  each  voter  who  may  thereafter  appear  to  vote  and 
shall  be  voted  and  counted  subject  to  the  provisions  of  the 
general  election  law,  except  as  herein  otherwise  provided. 
Such  ballots  shall  be  numbered  consecutively  from  one  up, 
which  number  shall  be  printed  upon  a  perforated  stub.  The 
number  of  the  ballot  given  to  each  voter  shall  be  written 
against  the  voter's  name,  at  the  time  of  the  delivery  of  such 
ballot  and  when  such  ballot  is  returned  by  the  voter  the  num- 
ber thereon  shall  be  compared  with  the  voter's  number  on  the 
poll  book,  and  if  they  agree,  the  stub  number  shall  then  be 
torn  off  and  the  ballot  deposited  in  a  ballot  box  provided 
therefor,  but  if  the  numbers  do  not  agree  the  ballot  shall  not 
be  received  and  shall  be  void.  The  election  board  shall  im- 
mediately ascertain  the  cause  of  such  discrepancy  and  shall 
have  power  to  arrest  any  person  who  is  shown  guilty  of  a 
direct  or  indirect  attempt  to  cast  a  fraudulent  ballot.  Upon 
conviction  any  such  person  shall  be  punished  as  herein  pro- 
vided. 


Ballots,  to 
whom  de- 
livered. 


How 

numbered. 
When  void. 


Discrepancies. 


Challenge 
of  voter. 


Am.,  Extra  Session,  1907,  Act  7;  1909,  Act  214. 

Voting  machines  cannot  be  used  at  an  election  at  which  the  type  of 
machine  in  use  cannot  be  so  arranged  as  to  afford  the  voter  opportunity 
to  vote  for  any  desired  combination  of  the  candidates  of  all  parties. — 
Heline  v.  Election  Com'rs,  149  /  390.  Machines  must  be  arranged  to  permit 
the  elector's  choice  of  candidates  without  disclosure  to  inspectors  or  other 
persons. — Id. 

(558)     SEC.  11.     When  the  right  of  any  person  offering  to 
vote  is  challenged  the  inspector  of  election  shall  tender  to  him 


LAWS    RELATING   TO    ELECTIONS.  177 

such  of  the  oath  required  by  the  election  law  of  the  state  as 
he  may  claim  to  contain  the  grounds  of  his  qualifications  to 
vote,  and  if  the  voter  takes  such  oath  he  must  be  allowed  to 
cast  his  vote  upon  the  machine.    If  the  challenge  is  not  with-  when  not 
drawn  the  inspectors!   of    election  shall    write    opposite   the withdrawn- 
name  of  such  voter  in  the  registration  book  the  Vord  "chal- 
lenged/' and  if  such  voter  then  enters  the  machine  to  vote, 
the  election  officer  shall  write  the  word  "sworn"  opposite  the 
voter's  name  in  the  poll  book.     If  sufficient  evidence  is  pro-  when  may 
duced  by  any  challenger  or  elector  who  will  make  affidavit causearrest- 
on  blanks  provided  therefor,  that  he  believes  such  voter  is  not 
a  qualified  voter,  giving  the  reasons  for  same,  or  if  such  voter 
is  known  to  the  inspectors  of  election,  not  to  be  a  qualified 
voter,  they  shall  immediately  cause  the  arrest  of  such  voter 
and  upon  conviction  such  voter  shall  be  deemed  guilty  of  a 
felony,  punishable  as  provided  in  section  one  hundred  fifty- 
three  of  the  general  election  laws. 

Am.   1909,  Act  214. 

For  the  section  above  mentioned,  see  section  181  of  this  compilation. 

Challenged  votes  by  the  voting  machine  cannot  be  identified  under  any  pro- 
visions of  the  statute. — Henderson  v.  Saginaw  Election  Com'rs,  160  /  36 ; 
Act  214  of  1909,  is  not  unconstitutional  in  providing  that  the  votes  of 
challenged  persons  must  be  accepted  after  the  voters  take  the  required  oath. — 
Id. 

(559)  SEC.  12.    With  the  exception  of  persons  not  nomi-  irregular 
nated  or  for  a  combination  of  names  that  cannot  be  voted  noftc 
with  the  machine  and  except  for  voting  for  presidential  elect-  voted 
ors,  no  irregular  ballot  shall  be  voted  for  any  person  for  any 
office,  whose  name  appears  on  the  machine  a;s  a  nominated 
candidate  for  that  office.     An  irregular  ballot  must  be  cast 

in  its  appropriate  place  on  the  machine    or  it  shall  be  void 
and  not  counted. 

Am.   Id. 

(560)  SEC.  13.     The  exterior  of  the  voting  machine  and  Machine,  ex- 
every  part  of  the  polling  place  shall  be  in  plain  view  of  the 
election  officers  and  the  public.    The  voting  machine  shall  be 

placed  at  least  three  feet   from  every   wall   and   partition  of 

the  polling  place  and  at  least  three  feet  from  the  guard  rail. 

The  guard  rail  shall  be  constructed  at  least  three  feet  from  Guard  rail, 

the  machine  with  openings  to  admit  electors  to  and  from  the  Sono™6" 

machine. 

(561)  SEC.  14.     Only  one  voter  at  a  time  shall  be  per-  One  voter 
mitted  to  pass  within  the  guard  rail  to  vote.    The  operating  afTVhrfe. 
of  the  voting  machine   by    the   elector  while  voting  shall  be 
secret  and  obscure  from  all  other  persons,  except  as  provided 

by  this  act  in  cases  of  voting  by  assisted  electors.    No  voter  Time  allowed 
shall  have  the   right  to  remain    within    the   voting   machine  for  voting- 
booth  longer  than  one  minute  and  if  he  shall  refuse  to  leave 
it  after  the  lapse  of  one  minute,  he  shall  be  removed  by  the 
inspectors:     Provided,  That  the  inspectors    may    grant  him  Proviso. 

23 


178 


STATE    OF   MICHIGAN. 


further  time  in  their  discretion  if  others  are  not  waiting  to 
vote. 

Am.  1909,  Act  214. 


Machine,  how 
placed. 


(562)  SEC.  15.  The  front  of  the  voting  machine  shall  be 
in  full  view  of  the  inspectors  and  bystanders  at  all  times 
during  the  election,  and  the  machine  shall  be  so  placed  or 
equipped  that  the  keyboard  of  the  machine  shall  be  concealed 
from  the  view  of  all  persons,  except  the  voter,  so  that  the  vot- 
ing of  each  voter  shall  be  in  secrecy. 

Am.  Id. 


Locking  and 
unlocking  of 
machine,  by 
whom. 


Voting 
machines,  in- 
struction of 
electors,  etc. 


When  elector 
cannot  read 
English. 


(563)  SEC.  16.     An  inspector  of  election  shall  attend  to 
the  locking  and  unlocking  of  the  machine  and  it  shall  be  his 
duty  to  prevent  said  machine  from  being  unlocked  at  any 
time  during  said  election,  except  when  a  voter  is  within  for 
the  purpose  of  voting,  and  whenever  a  voter  has  voted  the 
inspector  shall  lock  the  machine  and  it  'shall  remain  so  until 
another  voter  enters  for  the  purpose  of  voting. 

(564)  SEC.  17.     In  case    any  elector,    after  entering  the 
voting  machine  booth,  shall  ask  for  further  instructions  con- 
cerning the    manner  of  voting,    two    inspectors    of    opposite 
political  parties  shall  give  such  instructions  to  him,  but  no 
inspector  or  other  election  offilcer  or  person  assisting  at  any 
election,  shall  set  such  machines  for   any  such  elector,   or 
move,  turn  or  operate  any  lever  or  other  part  or  mechanism 
of  such  machine  for  such  elector,  or  in  any  manner  request, 
suggest,  or  seek  to  persuade  or  induce  any  such  elector  to 
vote  any  particular  ticket,  or  for  any  particular  candidate, 
or  for  or  against    any    particular    amendment,    question  or 
proposition.     After  receiving  such  instructions  such  elector 
shall  be  left  alone  in  the  voting  machine  booth  and  shall  vote 
as  in  the  case  of  an  unassisted  voter,  and  no  inspector  or 
other  election  officer  or  person  assisting  at  any  election  shall 
be  present  in  such  voting  machine  booth  when  any  such  elector 
sets  or  operates  such  machine.     When  an  elector  shall  make 
oath  that  he  cannot  read  English  such  voting  machine  shall 
be  set  for  him  in  the  presence  of  the  challengers  of  each  politi- 
cal party  having  a  challenger  at  such  voting  place,  by  an 
inspector  designated  by  the  board  for  that  purpose,  but  no 
such  inspector  shall  operate  such  machine  for  any  such  elector. 
When  an  elector  shall  make  oath  that  because  of  physical  dis- 
ability he  cannot  set  or  operate  such  machine,  or  when  such 
disability  shall  be  made  manifest   to    said    inspectors,  such 
machine  shall  be  set  and  operated  for  him  in  the  presence  of 
the  challengers  of  each  political  party  having  a  challenger 
at  such  voting  place,  by  an  inspector  designated  by  the  board 
for  that  purpose. 

Am.    1911,   Act   197. 


LAWS   RELATING   TO    ELECTIONS.  179 

(565)  SEC.  18.     No  voter  or  other  person  shall  deface  or  Examination 
injure  the  voting  machine  or  the  ballot  labels  thereon.     It  machine? 
shall  be  the  duty  of  the  inspectors  of  election  to  enforce  the 
provisions  of  this  section.     The  inspectors  of  election  shall, 

at  such  intervals,  as  they  may  deem  proper  or  necessary,  ex- 
amine the  face  of  the  machine  to  ascertain  whether  it  has 
been  defaced  or  injured,  to  detect  the  wrong-doer  and  to  re- 
pair any  injury. 

(566)  SEC.  19.     As  soon  as1  the  polls  of  the  election  are  Locking,  etc., 
closed,  the  inspectors  of  election  thereat  shall  immediately  by  whom- 
lock  the  voting  machine  against  voting  and  open  the  counting 
department  in  the  presence  of  the  challengers  and  all  other 
persons  who  may  be  lawfully  within  the  polling  place,  giving 

full  view  of  all  the  counter  numbers.     The  chairman  of  the  chairman 
board  of  inspectors  shall,  under  the  scrutiny  of  another  in-  §ufiesrof 
spec  tor,  in  the  order  of  the  offices  as  their  titles  are  arranged 
on  the  machine,  read  and  announce  irf  a  distinct  voice  the 
designating  number  and  letter  of  each  counter  (if  any)   for 
each  candidate's  name  and  the  result  as  shown  by  the  counter 
numbers,  and  shall  then  read  the  vote  on  each  constitutional 
amendment,  proposition  or  other  question.     He  shall  also  in  irregular 
the  same  manner  announce  the  vote    as    recorded  for  each  vote'of. 
office  on  the  irregular  ballots,  if  any.    The  candidate  count- 
ers shall  not  in  any  case  be  read  consecutively  along  the  party 
row  or  column,  but  shall  always  be  read  along  the  office  col- 
umn or  row,  completing  the    canvass  for  each    office  before 
proceeding  to  the  next,  and  the  vote  as  registered  shall  be 
entered  by  the  clerks  in  figures,  directly  to  the    inspectors' 
statement  in  ink,  on  the  space  which  has  the  same  designat- 
ing number  and  letter.     After  recording  the  vote,  as  shown  Figures, 
by  the  counters,  on  the  inspectors'  statement  of  canvass,  the  how  venfied- 
figures  shall  be  verified  by  being  called  off  in  the  same  man- 
ner from  the  counters  of  the  machine  by  another  inspector, 
and  if  found  correct,  the  inspectors  of  election  shall  write 
each  candidate's  vote  in  words  in  the  space  provided  therefor. 
If  the  name  of  an  endorsed  candidate  appears  on  the  ballot  when  name 
labels  more  than  once  and  the  counters  of  such  a  candidate,  ffSTonce.016 
who  has  been  nominated  more  than  once    for    an  office  to 
which  two  or  more  persons  are  to  be  elected,  are  coupled  for 
simultaneous  action,  so  that  the  vote  counted  by  any  one  of 
the  counters  of  such  candidate  will  also  be  counted  by  the 
other  counters  of  such  candidate,  the  record  of  the  vote  on 
but  one  of  such  counters  shall  be  taken,  and  the  record  of  the 
vote  on  the  other  counters  shall  not  be  taken  but  shall  be 
entered  as  zero.    When  the  counters  of  a  candidate  who  has  when  records 
been  nominated  more  than  once  for  an  office  to  which  but  coJntemo 
one  person  is  to  be  elected,  in  which  case  siuch  counters  shall  be  added 
not  be  coupled  for  simultaneous  action,  the  record  of  the  vote  tc 
on  each  counter  of  such  candidate  shall  be  taken  and  added 
together:     Provided,  That  the  name  of  any  candidate  shall  Proviso. 
appear  more  than  once  on  the  ballot  labels.     The  counter 
compartment  of  the  voting  machine  shall  remain  open  until 


180 


STATE    OP   MICHIGAN. 


the  statement  of  canvass  and  all  other  reports  have  been  fully 
completed  and  signed  by  the  election  board.  During  such 
time  any  challenger  of  any  party,  duly  accredited  as  provided 
by  the  election  law,  who  may  desire  to  be  present  shall  be 
admitted  to  the  polling  place.  The  proclamation  of  the  result 
of  the  votes  cast  shall  be  deliberately  announced  in  a  distinct 
voice  by  the  chairman  of  the  board  of  inspectors  who  shall 
read  the  name  of  each  candidate,  with  a  designating  number 
and  letter  of  his  counter  (if  any),  and  the  vote  registered  on 
such  counter;  also  the  vote  cast  for  and  against  each  question 
submitted.  During  such  proclamation  ample  opportunity 
shall  be  given  to  any  person  lawfully  present  to  compare 
the  results  so  announced  with  the  counter  dials  of  the  ma- 
chine and  any  necessary  corrections  shall  then  and  there  be 
made  by  the  election  board,  after  which  the  doors  of  the  vot- 
ing machine  shall  be  closed  and  locked.  Before  adjourning 
the  board  shall,  with  the  seal  provided  therefor,  so  seal  the 
operating  lever  of  the  machine  that  the  voting  and  counting 
mechanism  will  be  prevented  from1  operation.  Such  ma- 
chines shall  remain  so  sealed  for  a  period  of  thirty  days  after 
the  election  and  shall  not  be  operated  during  such  time  ex- 
cept as  herein  otherwise  provided. 


Result,  by 
whom  an- 
nounced. 


Corrections, 
when  made. 


Board  to 
seal  machine. 


Am.   1909,  Act   214. 


Recan  vass, 
when  to 
be  made. 


Who 
notified. 


Custodian  to 
examine,  etc., 
machine. 


Counters, 
how  set 
before  test. 


(567)  SEC.  20.  Whenever  it  shall  appear  that  there  is  a 
discrepancy  in  the  returns  of  any  election  district,  the  board 
of  canvassers  of  the  county,  if  it  be  a  general  election  at 
which  county  or  state  officers  are  elected,  or  the  board  of 
canvassers  of  the  city  or  township,  if  it  be  a  city  or  township 
election  at  which  city  or  township  officers  only,  are  elected, 
shall  summon  the  inspectors  of  the  election  district  in  which 
the  discrepancy  is  alleged  to  have  occurred  and  said  inspector 
shall,  in  the  presence  of  said  board  of  canvassers  and  the 
custodian,  make  a  record  of  the  number  of  the  seal,  the  num- 
ber on  the  protective  counter,  if  one  is  provided,  and  shall 
open  the  counter  compartment  of  said  machine,  and  without 
unlocking  the  machine  against  voting,  shall  re-canvass  the 
vote  cast  thereon.  Before  making  such  re-canvass  the  said 
board  of  canvassers  shall  give  sufficient  notice  in  wHting  to 
the  county  clerk  and  to  the  custodian  who  prepared  the  ma- 
chine for  the  election,  of  the  time  and  place  where  said  re- 
canvass  is  to  be  made.  If  upon  such  re-canvass  it  shall  be 
found  that  the  original  canvass  of  the  returns  has  been  cor- 
rectly made  from  the  machine,  and  that  the  discrepancy  still 
remains  unaccounted  for,  the  custodian,  in  the  presence  of 
the  inspectors  of  election  and  the  said  board  of  canvassers, 
shall  unlock  the  voting  and  counting  mechanism  of  said  ma- 
chine and  shall  proceed  to  thoroughly  examine  and  test  the 
machine  to  determine  and  reveal  the  true  cause  or  causes,  if 
any,  of  the  discrepancy  in  the  return  from  said  machine. 
Before  testing  the  machine,  the  counters  in  the  party  row  or 
column  in  which  the  discrepancy  is  alleged  to  have  occurred 


LAWS    RELATING   TO    ELECTIONS.  181 

shall  be  set  at  zero  after  which  each  of  such  counters  shall 
be  operated  at  least  one  hundred  times.    After  the  completion  when  cus- 
of  said  examination  the  custodian  shall  then  and  there  prepare  ^e'state- 
a  statement  in  writing  giving  the  result    thereof,    and    said  ment- 
statement  shall  be  witnessed  by  the  persons  present  and  shall 
be  filed  with  the  secretary  of  the  county  board  of  canvassers. 
Any  candidate  voted  for  at  any  election  Who  conceives  him- 
self aggrieved  on  account  of  any  fraud,  error  or  mistake  in 
the  canvass  of  the  vote  by  the  inspectors  or  in  the  returns 
made  by  the  inspectors  of  election,  may  file  a  written  petition 
with  the  clerk  of  the  board  of  canvassers  as  provided  in  sec- 
tion two  hundred  eighteen  and  section  two  hundred  nineteen 
of  the  general  election  laws.    Such  sections,  as  far  as  practi-  sections 
cable,  shall  apply  except  as  herein  otherwise  provided. 

Am.  Id. 

For   the  sections   above   mentioned,   see   sections   245   and   246   of  this   com- 
pilation. 

(568)  SEC.  21.  The  secretary  of  state  shall  furnish  the  what  sec- 
necessary  inspector's  statement  and  canvassing  sheets  and  state^o 
samples  of  the  certificates,  envelopes,  etc.,  suitable  to  the  ma-  furnish- 
chine  used,  to  the  board  or  officer  wihose  duty  it  is  to  provide 
ballot  labels  and  other  election  supplies  for  each  election,  to 
be  delivered  to  the  respective  boards  of  election  inspectors  to 
make  returns  where  voting  machines  are  to  be  used.  The  inspector's 
form  of  the  inspector's  statement  shall  be  like  that  now  pro- 
vided  by  the  secretary  of  state,  except  that  the  inspector's 
certificate  contained  therein  shall  in  addition  certify  to  the 
number  of  the  machine  used,  the  number  on  the  protective 
counter,  if  any,  the  number  on  the  seal,  and  that  all  candi- 
date counters,  question  counters  and  the  public  counter  reg- 
istered zero  before  the  polls  open ;  also  the  record  on  the 
protective  counter  and  on  the  seal  with  which  the  machine 
is  sealed  by  the  inspectors,  the  number  on  the  public  counter 
and  the  number  of  names  on  the  poll  list  after  the  polls  close. 
The  board  or  official  whose  duty  it  is  to  provide  ballot  labels  HOW  and 
shall  notify  the  secretary  of  state,  giving  the  order  and  titles 
of  the  offices  and  the  number  of  such  inspectors'  statements 
as  will  be  required  and  such  number  plus  ten  per  centum, 
shall  be  furnished  by  the  secretary  of  state  to  said  board  or 
official,  at  least  thirty  days  prior  to  election  at  which  they 
are  to  be  used.  As  soon  as  the  name  of  all  candidates  for  the 
several  offices  to  be  elected  at  that  election  are  filed  as 
required  by  law,  the  board  or  official  Whose  duty  it  is  to  pre- 
pare the  ballot  labels  for  the  machine,  shall  forthwith  have 
the  names  of  each  regularly  nominated  candidate,  together 
with  the  designating  number  and  letter,  if  any,  correspond- 
ing to  each  of  candidates'  counter  on  the  voting  machine, 
printed  in  the  space  provided  therefor,  immediately  before 
the  word  "received"  in  the  inspector's  statement:  Provided, 
That  in  case  of  the  death,  resignation  or  failure  to  qualify  of 
any  of  such  candidates  after  such  inspectors'  statements  are 
printed,  a  slip  may  be  furnished  giving  the  name,  designat- 


182 


STATE    OF   MICHIGAN. 


ing  number  and  letter,  if  any,  of  the  candidate  substituted 
therefor  and  same  shall  be  pasted,  before  the  delivery  of  the 
inspectors'  statements  to  the  board  of  inspectors,  over  the 
candidate's  name  who  died,  resigned  or  failed  to  qualify.  It 
shall  be  the  duty  of  the  clerk  of  each  county,  city,  village  or 
township  which  has  or  may  hereafter  purchase  or  adopt  voting 
machines  to  immediately  notify  the  secretary  of  state  of  such 
fact. 


Duty  of 
clerk. 


Election 
laws  ap- 
plicable. 


Am.    Id. 


(569)  SEC.  22.  All  the  provisions  of  the  election  laws  now 
in  force  and  not  inconsistent  with  the  provisions  of  this  act, 
shall  apply  with  full  force  to  all  counties,  cities,  villages  and 
townships  adopting  the  uise  of  voting  machines. 


Sec.    23    repeals   inconsistent    acts. 


USE  OF  VOTING  MACHINES  IN  PRIMARY  ELECTIONS. 

An  Act  to  permit  the  use  of  voting  machines  in  primary  elections 
in  the  state  of  Michigan  and  to  repeal  all  laws  inconsistent  here- 
with. 


Primaries, 
voting  ma- 
chines may 
be  used  at. 


Authoriz- 
ed voting 
machines. 


When  names 
to  be  printed 
on  ballot. 


Party 
preference. 


[Act  225  of  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(570)  SECTION  1.    At  all  state,  county,  city  and  township 
primaries,  ballots  or  votes  may  be  cast,  registered,  recorded 
or  counted  by  means  of  voting  machines  as  hereinafter  pro- 
vided. 

(571)  SEC.  2.     Any  voting  machine    which    is    by    law 
authorized  to  be  used  at  a  general  election  may,  by  the  order 
of  the  board  of  supervisors  of  any  county,  the  common  council 
of  any  city  or  the  township  board  of  any  township,  be  used 
therein  at  primary  elections  in  like  manner  and  to  the  same 
extent  that  such  machines  may  be  used  at  general  elections, 
and  in  case  there  are  more  candidates  than  can  have  their 
names  placed  on  any  such  machines  so  to  be  used,  or  in  case 
such  machine  is  not  so  constructed  that  no  voter  can  vote 
for  candidates  of  more  than  one  political  party,  then  it  shall 
be  the  duty  of  the  proper  election  commission  to  designate 
what  names  shall  be  voted  for  on  the  machines,  and  to  print 
the  remaining  names  upon   proper  ballots  in  such  manner 
as  far  as  may  be  that  the  political  party  or  parties  polling 
the  largest  vote  in  such  county  for  secretary  of  state  at  the 
last  preceding  election  shall  be  placed  upon  the  machine,  and 
the  candidates  of  smaller  parties  shall  be  placed  upon  ballots, 
but  all  the  candidates  of  any  party  shall  either  be  upon  the 
machine  or  upon  a  ballot. 


LAWS    RELATING   TO    ELECTIONS.  183 

(572)  SEC.  3.    Ballots  or  slips  used  with  or  upon  any  vot-  Printing  of 
ing  machine  shall  be  printed  on  card  board  or  paper  of  a  size 
suitable  to  the  machine  used,  but  shall  be  of  the  colors  required 

for   each    party    or   organization    at   primary   elections.      It  HOW 

is    further    provided    that    such  ballot  labels  or  slips  shall  fl 

be  furnished  by  the  board  or  official  now  required  to  furnish 

such  supplies.     The  names  of  all  candidates  shall  be  alter-  Names,  ai- 

nated  on  the  ballot  of  each  party  casting  at  least  five  per  ternatms of- 

centum  of  the  vote  cast  in  the  county  or  political  subdivision 

at  the  preceding  November  election  and  shall  be  printed  as 

follows: 

First,  The  form  shall  be  set  up  with  the  names  of  such  Alphabetical 
candidates   arranged   alphabetically,   in   order   according  to ai 
surnames; 

Second,  In  printing  each  set  of  tickets  or  ballot  labels  for  Ap^earance^oj 
the  several  election  precincts,  the  position  of  the  names  shall  oTEaiiot  label, 
be  so  changed  that  each  candidate's  name  for  any  particular 
office  shall  as  far  as  possible  appear  upon  the  ballot  labels 
at  the  head  of  his  office  subdivision   an  equal  number  of 
times ; 

Third,  In  making  the  change  of  position  the  printer  shall  change  of 
take  the  line  of  type  at  the  head  of  each  office  division  and  P°sition- 
place  it  at  the  bottom  of  the  division  and  move  up  the  column, 
so  that  the  name  that  before  w'as  second  shall  be  first  after 
the  change; 

Fourth,  Ballots  shall  also  be  furnished  as  near  as  may  be  Ballots,  to 
in  the  form  as  provided  by  the  general  primary  law  of  the 
state,   for  voting  for  delegates  to  county   conventions,  and 
shall  be  voted  in  a  separate  ballot  box  provided  therefor,  as 
now  required. 

(573)  SEC.  4.     Whenever  a  voting  machine  is  used  in  a  Party  levers 
primary  election  the  party  levers  or  bars,  if  any,  shall  be  SJckeS! to 
locked  against  voting  so  as  to  prevent  straight  ticket  voting, 

and  the  machine  shall  be  properly  arranged  so  that  the  voter 
may  vote  for  as  many  candidates  for  each  office  as  there  are 
candidates  to  be  nominated  to  that  office  and  no  more. 

(574)  SEC.  5.    More  than  one  voting  machine  may  be  used  Number. 
in  a  precinct. 

(575)  SEC.  G.     All  acts  or  parts  of  acts  relating  to  the  Acts  to 
use  of  voting  machines  and  all  acts  relating  to  the  selection  of  g< 
candidates  by  direct  vote  shall  apply  as  far  as  practicable 
wherever  voting  machines  are  used  in  primaries,  except  insc* 

far  as  the  provisions  thereof  may  be  inconsistent  herewith. 


184 


STATE    OF   MICHIGAN. 


PURCHASE  AND  USE  OF  VOTING  MACHINES. 

An  Act  to  authorize  and  empower  the  board  of  supervisors  of  any 
county  in  the  state  to  purchase  and  direct  the  use  of  voting 
machines  in  and  for  the  several  voting  precincts  of  said  county, 
and  to  pay  for  same  out  of  the  general  fund  of  the  county. 


[Act  154  of  1907.] 


The  People  of  the  State  of  Michigan  enact: 


Supervisors 
may  direct 
use  of. 


Payment. 


Make 
contract. 


(576)  SECTION  1.  That  hereafter  the  board  of  supervisors 
of  any  county  in  the  state  shall  have  the  power  to  direct  the 
use  of  voting  machines  in  and  for  each  voting  precinct  in  the 
county,  at  all  elections  held  therein. 

May  purchase.  (577)  SEC.  2.  In.  case  said  board  determines  to  use  voting 
machines  in  the  elections  to  be  held  in  said  county  in  the 
manner  hereinbefore  provided,  it  shall  be  the  duty  of  said 
board  to  purchase  such  a  number  of  machines  and  of  such 
type  as  shall  seem  necessary  and  proper  for  the  safe  and 
correct  conduct  of  said  elections. 

(578)  SEC.  3.     The  said  board  of  supervisors  is  hereby 
authorized  to  pay  for  said  voting  machines  out  of  the  general 
fund  of  said  county,  and  to  make  such  contract  for  the  pur- 
chase  of  such   machines  with  regard   to  price,   manner  of 
purchase  and  time  of  payment  as  to  the  said  board  shall  seem 
proper,  and  in  estimating  the  amount  of  taxes  to  be  levied 
for  the  general  fund,  such  amount  shall  be  added,  extending 
over  such  time  as  may  be  required  to  fully  pay  for  such 
machines. 

(579)  SEC.  4.    It  is  further  provided  that  in  case  any  city, 
township  or  village  of  such  county  in  which  the  use  of  voting 
machines  shall  have  been  determined  upon  by  the  board  of 
supervisors,  shall  have  previously  purchased  such  machines, 
such  city,  township  or  village  shall  have  returned  to  it  from 
the  general  fund  of  said  county,  such  a  pro  rata  amount  of 
the  whole  cost  for  the  county  as  the  number  of  voting  pre- 
cincts so  previously  provided  by  any  such  city,  township  or 
village,  bears  to  the  whole  number  in  the  county,  but  not  ex- 
ceeding the  amount  previously  paid  by  any  such  city,  town- 
ship or  village. 

(580)  SEC.  5.    All  acts  or  parts  of  acts  referring  to  the 
election  laws  of  this  state,  as  are  inconsistent  herewith  are 
hereby  repealed,  in  so  far  as  they  contravene  the  provisions  of 
this  act. 


Refunds, 
townships, 
etc.,  enti- 
tled to. 


Repealing 
clause. 


LAWS   RELATING   TO    ELECTIONS.  185 

RETURN  OF  VOTE  TO  SECRETARY  OF    STATE. 

[Extract  from  Act  44,  1899.] 

(581)  SEC.  28.     The  vote  for  governor  and  secretary  of  County  clerks 
state  by  townships  and  wards,  and  the  vote  for  members  of  tnmsof  vote 
the  state  legislature  cast  at  the  preceding  November  elec  Jfl^sain 
tion,  shall  be  returned  to  the  secretary  of  state  by  the  several 

county  clerks  on  or  before  the  first  day  of  December  follow- 
ing such  election,  and  it  shall  be  the  further  duty  of  all  Further  duty 
county  clerks  to  furnish  to  the  secretary  of  state,  promptly  £feSnty 
and  without  compensation,  any  further  information  requested 
of  them,  to  be  used  in  the  compilation  of  the  manual. 

(582)  SEC.  29.     The  secretary  of  state  shall,  as  soon  as  secretary  of 
possible  after  the  canvass  of  votes  at  the  April  election,  print  Sre^uiTo1?" 
in  pamphlet  form  the  result  of  such  canvass.     A  sufficient  canvass. 
number  of  said  pamphlets  shall  be  printed  to  supply  demands, 

as  shall  in  the  judgment  of  the  secretary  of  state  be  required, 
but  in  no  case  to  exceed  five  thousand  pamphlets,  and  they 
shall  be  mailed  by  the  secretary  of  state  to  persons  who  may 
request  them. 


PUBLICITY  OF  PROPOSED  CONSTITUTIONAL  AMENDMENTS. 

An  Act  to  secure  greater  publicity  concerning  proposed  amendments 
to  the  constitution. 

[Act  23  of  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(583)     SECTION  1.     That    whenever   a    proposed    constitu-  constitutional 
tional  amendment  or  other  question  is  to  be  submitted  to  the  nSt?ceSents> 
electors  of  the  state  for  popular  vote,  the  secretary  of  state 
shall  duly  prepare  concise  statements,  setting  forth  the  pur- 
port,  nature  and  effect  of  the  proposed  amendment,  or  other 
question,  and  shall  three  times  send  copies  of  said  statements  HOW  given. 
to  the  several  daily  and  weekly  newspapers  published  in  the 
state  of  Michigan,  no  less  than  sixty,  thirty  and  fifteen  days 
respectively,  prior  to  the  election,  wiith  a  request  that  said 
papers  give  as  wide  publicity  as  possible  to  said  proposed 
amendment,  or  other  questions.     And  he  shall  also  furnish  copies  of 
each  county  and  city  clerk  in  the  state  at  least  ten  copies  of  be 
such  statement  for  each  voting  precinct  in  their  respective 
counties  or  cities.     Each  county  or  city  clerk  in  the  state  statement  to 
shall  furnish  the  board  of  election  inspectors1  of  each  voting  poiung1  places. 
precinct  in  their  respective  counties  or  cities,  such  statements 
of  not  less  than  ten  copies,  to  be  posted  by  such  board  of  elec- 
tion inspectors  in  a  conspicuous  place  in  the  room  of  holding 
such  election  and  such  statements  shall  be  furnished  to  the 


186 


STATE    OP   MICHIGAN. 


inspectors  of  election  in  the  following  languages,  namely: 
Two  copies  each  of  Holland,  German,  Polish  and  four  copies 
of  English.  Such  statements  shall  be  furnished  the  election 
inspectors  at  least  five  days  before  the  election. 

NO  charge  for        (584)      SEC.  2.     Publication  of  any  matter  by  any  paper 
publication.      un(jer  the  provisions  of  this  act,  shall  be  without  expense  or 
cost  to  the  state  of  Michigan. 


Apportion- 


counties  en 

ormVrere 
sentatives. 


Entitled 


Counties  con- 
?ep\ue"enta-ne 

eiectkm  re?' 
turns,  where 


APPORTIONMENT    OF    SENATORS    AND    REPRESENTATIVES. 

An  Act  to  apportion  anew  the  representatives  in  the  state  legislature 
among  the  several  counties  and  districts  of  this  state. 

[Act   244   of  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(585)  SECTION  1.  That  the  house  of  representatives  shall 
hereafter  be  composed  of  one  hundred  members,  elected  agree- 
able to  a  ratio  of  one  representative  to  every  twenty-four 
thousand  two  hundred  persons,  including  civilized  persons  of 
Indian  descent  not  members  of  any  tribe,  in  each  organized 
county,  and  one  representative  of  each  county  having  a  frac- 
tion more  than  a  moiety  of  said  ratio,  and  not  included 
therein,  until  the  one  hundred  representatives  are  assigned; 
that  is  to  say,  within  the  county  of  Wayne,  fourteen;  Kent, 
five;  Houghton,  three;  Saginaw,  three;  Allegan,  two;  Bay, 
|wo  .  Berrien,  two;  Calhoun,  two;  Genesee,  two;  Ingham, 
two;  Jackson,  two;  Kalamazoo,  two;  Lenawee,  two;  Mar- 
quette,  two;  Oakland,  two;  Ottawa,  two;  St.  Clair,  two; 
Washtenaw,  two;  Alpena,  one;  Antrim,  one;  Barry,  one; 
Branch,  one;  Cass,  one;  Charlevoix,  one;  Cheboygan,  one; 
Chippewa,  one;  Clinton,  one;  Delta,  one;  Dickinson,  one; 
Eaton,  one;  Emmet,  one;  Gogebic,  one;  Grand  Traverse,  one; 
Gratiot,  one;  Hillsdale,  one;  Huron,  one;  Ionia,  one;  Isa- 
bella, one;  Lapeer,  one;  Livingston,  one;  Macomb,  one;  Man- 
istee,  one;  Mason,  one;  Mecosta,  one;  Menominee,  one;  Mid- 
land, one;  Monroe,  one;  Montcalm,  one;  Muskegon,  one; 
Newaygo,  one;  Oceana,  one;  Osceola,  one;  St.  Joseph,  one; 
Sanilac,  one;  Shiawassee,  one;  Tuscola,  one;  Van  Buren,  one. 
The  counties  of  Wexford  and  Lake  shall  constitute  a  repre- 
sentative  district  and  be  entitled  to  one  representative.  The 
election  returns  of  said  district  shall  be  made  to  the  county 
of  Wexford.  The  counties  of  Benzie  and  Leelanau  shall  con- 
stitute a  representative  district,  and  be  entitled  to  one  rep- 
resentative. The  election  returns  of  said  district  shall  be 
made  to  the  county  of  Leelanau.  The  counties  of  Alger,  Luce, 
Mackinac  and  Schoolcraft  shall  constitute  a  representative 
district  and  be  entitled  to  one  representative.  The  election 
returns  of  said  district  shall  be  made  to  the  county  of  School- 


LAWS   RELATING   TO   ELECTIONS.  187 

craft.  The  counties  of  Baraga,  Iron,  Keweenaw,  Ontonagon, 
shall  constitute  a  representative  district,  and  be  entitled 
to  one  representative.  The  election  returns  of  said  district 
shall  be  made  to  the  county  of  Iron.  The  counties  of  Ros- 
common,  Clare  and  Gladwin,  shall  constitute  a  representative 
district,  and  be  entitled  to  one  representative.  The  election 
returns  of  said  district  shall  be  made  to  the  county  of  Clare. 
The  counties  of  Crawford,  Montmorency,  Presque  Isle,  Oscoda 
and  Otsego  shall  constitute  a  representative  district,  and  be 
entitled  to  one  representative.  The  election  returns 
of  said  district  shall  be  made  to  the  county  of 
Presque  Isle.  The  counties  of  Kalkaska  and  Missau- 
kee  shall  constitute  a  representative  district,  and 
be  entitled  to  one  representative.  The  election  returns  of  said 
district  shall  be  made  to  the  county  of  Missaukee.  The  coun- 
ties of  Alcona,  losco,  Arenac  and  Ogemaw  shall  constitute 
a  representative  district,  and  be  entitled  to  one  representative. 
The  election  returns  of  said  district  shall  be  made  to  the 
county  of  losco. 

See  Att'y  Gen.  v.   Springwells,   143/523. 


An  Act  to  divide  the  state  of  Michigan  into  thirty-two  senatorial  dis- 
tricts: 

[Act  273  of  1907.] 

The  People  of  the  State  of  Michigan  enact: 

(586)     SECTION  1.    The  state  of  Michigan  shall  be  divided  senatorial 
into  thirty-two  senatorial  districts,  and  each  district  shall  be  dl 
entitled  to  elect  one  senator,  and  the  districts  shall  be  con- 
stituted and  numbered  as  follows: 

The  first  district  shall  consist  of  the  eleventh,  thirteenth, 
fifteenth  and  seventeenth  w^ards  of  Detroit  and  the  towtnships 
of  Gratiot,  Greenfield,  Grosse  Pointe,  Hamtramck,  Livonia, 
Plymouth,  Northville  and  Bedford; 

The  second  district  shall  consist  of  the  fifth,  seventh  and 
ninth  wards  of  Detroit; 

The  third  district  shall  consist  of  the  first,  second,  third, 
fourth  and  sixth  wiards  of  Detroit; 

The  fourth  district  shall  consist  of  the  eighth,  tenth,  twelfth 
and  fourteenth  wards  of  Detroit; 

The  fifth  district  shall  consist  of  the  sixteenth  and  eight- 
eenth wards  of  Detroit  and  the  townships  of  Springwells, 
Brownstown,  Canton,  Dearborn,  Ecorse,  Huron,  Monguagon, 
Nankin,  Komulus,  Sumpter,  Taylor,  Van  Buren  and  city  of 
Wyandotte,  in  the  county  of  Wayne ; 

The  sixth  district  shall  consist  of  the  counties  of  Kala- 
mazoo  and  St.  Joseph; 


188  STATE    OF   MICHIGAN. 

The  seventh  district  shall  consist  of  the  counties  of  Berrien 
and  Gass; 

The  eighth  district  shall  consist  of  the  counties  of  Allegan 
and  Van  Buren; 

The  ninth  district  shall  consist  of  the  counties  of  Calhoun 
and  Branch; 

The  tenth  district  shall  consist  of  the  counties  of  Jackson 
and  Hillsdale; 

The  eleventh  district  shall  consist  of  the  counties  of  St. 
Glair  and  Macomb; 

The  twelfth  district  shall  consist  of  the  counties  of  Oak- 
land and  Washtenaw,; 

The  thirteenth  district  shall  consist  of  the  counties  of  Gene- 
see  and  Livingston ; 

The  fourteenth  district  shall  consist  of  the  counties  of  Ing- 
ham  and  Shiawassee; 

The  fifteenth  district  shall  consist  of  the  counties  of  Barry, 
Eaton  and  Clinton; 

The  sixteenth  district  shall  consist  of  the  first,  second, 
third,  fourth,  fifth,  tenth,  eleventh  and  twelfth  wards  of  the 
city  of  Grand  Rapids  in  the  county  of  Kent; 

The  seventeenth  district  shall  consist  of  the  sixth,  seventh, 
eighth  and  ninth  wards  of  the  city  of  Grand  Rapids  and  the 
townships  of  Tyrone,  Solon,  Nelson,  Spencer,  Sparta,  Algo- 
ma,  Courtland,  Oakland,  (Oakfield),  Alpine,  Plainfield,  Can- 
non, Grattan,  Walker,  Grand  Rapids,  Ada,  Vergennes,  Wy- 
oming, Paris,  Cascade,  Lowell,  Byron,  Gaines,  Caledonia 
and  Bowne  in  the  county  of  Kent; 

The  eighteenth  district  shall  consist  of  the  counties  of 
Ionia  and  Montcalm; 

The  nineteenth  district  shall  consist  of  the  counties  of  Mon- 
roe and  Lenawee; 

The  twentieth  district  shall  consist  of  the  counties  of  Hu- 
ron and  Sanilac; 

The  twenty-first  district  shall  consists  of  the  counties  of 
Tuscola  and  Lapeer; 

The  twenty-second  district  shall  consist  of  the  county  of 
Saginaw ; 

The  twenty-third  district  shall  consist  of  the  counties  of 
Muskegon  and  Ottawa; 

The  twenty-fourth  district  shall  consist  of  the  counties  of 
Midland  and  Bay; 

The  twenty-fifth  district  shall  consist  of  the  counties  of 
Mecosta,  Isabella  and  Gratiot; 

The  twenty-sixth  district  shall  consist  of  the  counties  of 
Manistee,  Mason,  Lake,  Oceana  and  Newlaygo; 

The  twenty-seventh  district  shall  consist  of  the  counties  of 
Antrim,  Kalkaska,  Missaukee,  Wexford,  Grand  Traverse,  Lee- 
lanau  and  Benzie; 

The  twenty-eighth  district  shall  consist  of  the  counties  of 
Alcona,  Oscoda,  Crawford,  losco,  Ogemaw,  Roseommon,  Are- 
nac,  Gladwin,  Clare  and  Osceola; 


LAWS   RELATING   TO    ELECTIONS.  189 

The  twenty-ninth  district  shall  consist  of  the  counties  of 
Cheboygan,  Presque  Isle,  Alpena,  Emmet,  Gharlevoix,  Otsego 
and  Montmorency; 

The  thirtieth  district  shall  consist  of  the  counties  of  Me- 
nominee,  Delta,  Schoolcraft,  Luce,  Mackinac  and  Ohippewa; 

The  thirty-first  district  shall  consist  of  the  counties  of  Go- 
gebic,  Iron,  Marquette,  Dickinson  and  Alger; 

The  thirty-second  district  shall  consist  of  the  counties  of 
Ontonagon,  Houghton,  Keweenaw  and  Baraga. 

(587)     SEC.  2.    The  election  returns  of  each  county  form-  Election 
ing  one  district  shall  be  made  to  the  county  clerk's  office  of  where8' 
said  county.     The  election  returns  of  each  district  composed  made- 
of  more  than  one  county  shall  be  made  to  the  county  clerk's 
office  of  the  county  in  which  the  largest  total  vote  for  presi- 
dential electors  was  cast  at  the  last  preceding  presidential 
election.    The  election  returns  of  each  district  composed  of  a 
portion  of  a  county  shall  be  made  to  the  county  clerk's  office 
of  said   county. 


LOCAL  OPTION   LAW. 

An  Act  to  prohibit  the  manufacture,  sale,  keeping  for  sale,  giving 
away  or  furnishing  of  vinous,  malt,  brewed,  fermented,  spirituous 
or  intoxicating  liquors,  or  any  mixed  liquor  or  beverage,  any  part 
of  which  is  intoxicating,  and  to  prohibit  the  keeping  of  any  saloon 
or  other  place  for  the  manufacture,  sale,  storing  for  sale,  giving 
away  or  furnishing  of  such  liquors  or  beverages,  and  to  suspend 
the  general  laws  of  the  state  relative  to  the  taxation  and  regulation 
of  the  manufacture  and  sale  of  such  liquors  in  the  several  coun- 
ties of  this  state  under  certain  circumstances;  to  authorize  the  quali- 
fied electors  of  the  several  counties  in  this  state  to  express  their 
will  in  regard  to  such  prohibition  by  an  election,  and  to  authorize 
and  empower  the  board  of  supervisors  of  the  several  counties,  after 
such  election,  if  they  shall  determine  the  result  to  be  in  favor  of 
such  prohibition,  to  prohibit  the  manufacture,  sale,  keeping  for 
sale,  giving  away  or  furnishing  of  any  such  liquors,  or  the  keeping 
of  a  saloon  or  any  other  place  for  the  manufacture,  sale,  storing 
for  sale,  giving  away  or  furnishing  of  the  same  within  their 
respective  counties;  and  to  provide  for  penalties  and  rights  of 
action  in  case  of  its  violation. 

[Act   207    of   1889,    as    amended.] 

The  People  of  the  State  of  Michigan  enact: 

(588)      §  5412.     SECTION  1.     It  shall  be  unlawful  for  any  Local  option, 
person  directly  or  indirectly,  himself  or  by  his  clerk,  agent  or  w 
employe,  to  manufacture,  sell,  keep  for  sale,  give  away  or 
furnish  any  vinous,  malt,  brewed,  fermented,  spirituous  or  in- 
toxicating liquors,  or  any  mixed  liquor  or  beverages,  any  part 
of  which  is  intoxicating,  or  keep  a  saloon  or  any  other  place 
where  any  such  liquors  are  manufactured,  sold,  stored  for  sale, 
given  away  or  furnished  in  any  county  of  this  state  on  and 
after  the  first  day  of  May  next  following  after  the  adoption 


190 


STATE    OF    MICHIGAN. 


Proviso, 

druggists. 


Provisions 
suspended. 


by  the  board  of  supervisors  of  such  county  of  a  resolution 
prohibiting  the  same,  as  provided  by  section  thirteen  of  act 
number  two  hundred  seven  of  the  public  acts  of  eighteen  hun- 
dred eighty-nine,  as  amended,  so  long  as  said  resolution  re- 
mains unrepealed:  Provided,  however,  That  the  provisions 
of  this  section  shall  not  apply  to  druggists  or  registered  phar- 
macists selling  any  such  liquors  under  and  in  compliance  with 
the  restrictions  and  requirements  imposed  upon  them  by  sec- 
tions twenty-five  and  twenty-six  of  this  act  and  who  have 
given  the  bond  required  by  the  general  liquor  law  of  this  state. 

Am.  1899,  Act  183;  1909,  Act  107;  1911,  Act  261. 

NOTE. — Only  such  annotations  are  here  used  as  refer  to  the  holding  of 
elections  under  this  act.  For  more  complete  annotations,  see  sections  5412 
5435,  C.  I*.,  1897,  or  pamphlet  on  manufacture  and  sale  of  spirituous  liquors. 

This  act  is  not  unconstitutional. — Feek  v.  Twp.  Board  of  Bloomingdale, 
82/393.  The  amendment  of  the  local  option  law  by  Act  183  of  1899,  is 
not  objectionable  under  the  provisions  of  article  4,  section  20,  constitution  of 
1850,  although  the  original  act  authorizes  the  boards  of  supervisors  to  act 
on  petitions  while  the  amendment  is  mandatory. — In  re  Wilson,  160  /  42. 

(589)  §  5413.  SEC.  2.  On  and  after  the  first  day  of  May 
next  following  after  the  adoption  by  the  board  of  supervisors 
of  any  county  of  a  resolution  prohibiting  the  manufacture 
of  liquors  and  the  liquor  traffic,  as  hereinafter  provided  in 
section  thirteen  of  this  act,  the  provisions  of  the  general 
laws  of  this  state  for  the  taxation  and  regulation  of  the 
business  of  manufacturing,  selling,  keeping  for  sale,  fur- 
nishing, giving  away  or  delivering  spirituous  and  intoxicating 
liquors  and  malt,  brewed,  fermented  and  vinous  liquors,  shall 
be  and  the  same  are  hereby  declared  suspended  and  super- 
seded so  far  as  relates  to  the  territory  and  municipalities 
within  the  limits  of  any  such  county. 

Am.   1899,  Act  183;   1911,   Act   261. 

Proceedings          (590)     §  5414.     SEC.  3.     In  order  to  ascertain  the  will  of 

to  ascertain        ,-,  i-/»     -i      -i      i  /.  -,  •       t  •  t    ± 

the  will  of  the  the  qualified  electors  of  each  organized  county,  in  regard  to 

3rs,  etc.     8uch  prohibition,  it  shall  be  the  duty  of  the  county  clerk  of 

the  counties  of  this  state,   severally,  upon  written  applica- 

Petition.  tion  and  petition  filed  with  him  and  addressed  to  the  board 
of  supervisors  of  the  county,  signed  by  not  less  than  one-third 
of  all  the  qualified  electors  thereof,  as  shown  by  the  poll  lists 
or  returns  and  canvass  of  the  last  preceding  general  election 
for  state  officers  held  in  such  county,  praying  that  the  ques- 
tion, should  the  manufacture  of  liquor  and  the  liquor  traffic 
be  prohibited  within  the  county,  be  submitted  to  the  qualified 
electors  of  the  county,  to  lay  such  petitions  before  the  board 
of  supervisors  at  the  earliest  opportunity. 


Am.   1899,  Act  183. 

A  qualified  elector  is  one  who  meets  the  requirements  of  article  3,  section  1, 
constitution   of   1909. — Rutledge  v.    Supervisors   of   Marquette   Co.,    160  /  22. 


Petition  re-  (591)      §  5415.     SEC.  4.     To  enable  the  county  clerk  to 

?ouwnship  ea  '    ascertain  that  the  petitioners  thus  praying  for  such  an  election 
separately.       are  qualified  electors  of  such  county,  and  that  they  consti- 
tute at  least  one-fourth  of  all  the  electors  of  such  county,  as 


LAWS   RELATING    TO    ELECTIONS.  191 

shown  by  the  poll  list  or  the  returns  and  canvass  of  the  last 
preceding  general  election.    To  enable  each  and  every  elector 
to  determine  for  himself  if  his  name  has  been  fraudulently 
attached  to  said  petition,  it  is  hereby  required  that  the  signa- 
tures of  all  the  petitioners  residing  in  any  one  and  the  same 
township,  ward  or  election  district,  shall  be  attached  to  one 
petition  or  list,  separate  from  those  of  any  other  township, 
ward  or  election  district,  and  that  an  exact  copy  of  said  peti-  signatures  to 
tion  and  of  all  the  signatures  thereto  shall  be  posted  in  three  p 
of  the  most  conspicuous  places  in  the  said  township,  Ward  or 
election  district  for  at  least  ten  days  immediately  prior  to 
its  presentation   to  the  county  clerk.     Every  such  petition  TO  be  accom- 
shall  be  accompanied  by  a  transcript  of  the  poll  list,  if  it  can  JSmscript 
be  procured,  of  the  last  preceding  general  election,  held  in  of  poll  list. 
such  township,  ward  or  election  district,  certified  as  correct 
by  the  township,  city  or  county  clerk,  as  the  case  may  require, 
and  also  an  affidavit  or  affidavits,  by  one  or  more  resident  Affidavit  of 
electors  of  such  township,  ward  or  election  district,  stating  P°stmg- 
therein  that  an  exact  copy  of  such  petition,  and  of  all  the 
signatures  thereto,  has  been  posted  in  three  of  the  most  con- 
spicuous places  in  such  township,  ward  or  election  district, 
for  at  least  ten  days  immediately  prior  to  its  presentation 
to   the   county   clerk;   and   that  he  or  they   are  personally 
acquainted  with  said  petitioners  and  know  that  they  reside 
within   such   township,   ward  or  election   district,   and  that 
the  signatures  are  the  genuine  signatures  of  the  persons  sign- 
ing the  petition,  and  of  the  persons  whose  names  severally 
appear  upon  such  transcript  of  the  poll  list,  or  if  such  trans- 
cript shall  not  have  been   procured,  then  that  the  persons 
wihose  names  are  attached  to  said  petition  are,  to  the  best 
of  his  knowledge  and  belief,  qualified  electors  in  such  town- 
ship, ward  or  election  district :    Provided,  however,  That,  if  proviso  as  to 
for  any  reason  a  certified  transcript  of  any  poll  list  shall  not  transcriPt- 
have  been  procured,  or  if  such  transcript  shall  be  defective, 
it  shall  be  sufficient  if  the  whole  number  of  all  the  petitioners 
is  equal  to  one-fourth  of  the  number  of  all  the  qualified  elect- 
ors of  such  county,  as  shown  by  the  returns  or  county  canvass 
of  the  last  preceding  general  election. 

If  the  petitions  presented  to  the  county  clerk  praying  that  an  election  be 
held  are  accompanied  by  transcripts  of  the  poll  lists  of  the  last  preceding 
general  election,  as  provided  for,  the  fact  that  the  petitioners  whose  names 
appear  upon  the  poll  lists  still  reside  within  their  respective  townships, 
wards  or  election  districts  must  be  shown  by  the  affidavit  or  affidavits  of 
one  or  more  resident  electors  thereof,  upon  his  or  their  own  knowledge ;  but 
if  such  transcripts  do  not  accompany  the  petitions,  the  affidavit  or  affidavits 
need  only  state  that  the  persons  whose  names  are  attached  to  the  petitions 
are,  to  the  best  of  affiant's  knowledge  and  belief,  qualified  electors  in  such 
township,  ward  or  election  district,  which  implies  a  residence  within  the 
township. — Friesner  v.  Common  Council  of  Charlotte,  91  /  504.  One  who  is 
a  registered  elector  is  a  qualified  voter  under  the  local  option  law,  although 
his  name  does  not  appear  upon  the  poll  lists. — Werstein  v.  Supervisors  of 
Calhoun  Co.,  156  /  63.  Under  this  section,  affidavits  that  copies  of  the  local 
option  petitions  have  been  posted  ten  days  prior  to  their  presentation  to 
the  county  clerk  must  be  made  after  the  lapse  of  the  ten-day  period  in 
order  to  comply  with  the  statute.- — Crawford  v.  Supervisors  of  Gratlot  Co., 
160/31. 


192 


STATE    OP    MICHIGAN. 


County  clerks 
to  file  peti- 
tion, etc. 


(592)  §  5416.  SEC.  5.  When  such  petitions  have  been 
presented  to  the  county  clerk,  he  shall  file  the  same  in  his 
office,  and  when  it  shall  appear  upon  the  face  thereof,  and  by 
the  transcripts  of  the  poll  lists,  or  by  reference  to  the  returns 
and  canvass  of  the  last  general  election  that  such  submis- 
sion of  said  question  of  prohibition  has  been  prayed  for  by 
not  less  than  one-third  of  all  the  qualified  electors  of  the 
entire  county,  shown  as  aforesaid,  he  shall,  at  the  next  regular 
or  adjourned  meeting  of  the  board  of  supervisors,  call  the 
attention  of  the  board  to  the  fact  that  such  petitions  have  been 
received  and  filed  with  him. 

Am.   1899,  Act  183. 

The  resolution  of  the  board  of  supervisors,  adopted  in  conformity  to  law, 
and  the  record  being  regular,  that  an  election  under  the  local  option  law 
has  been  prayed  for  by  the  requisite  number  of  electors,  is  conclusive  of 
the  preliminary  steps  necessary  to  set  the  board  in  motion. — Thomas  v. 
Abbott,  105  /  687.  The  statute  does  not  provide  for  the  filing  or  keeping 
of  any  separate  order,  distinct  from  that  entered  upon  the  journal,  and  the 
provision  that  the  board  "shall  thereupon  issue  an  order  directing  that 
such  election  be  held"  is  complied  with  by  the  service  upon  the  officers 
named  in  the  act  of  copies  of  the  order,  and  the  publication  of  the  same. 
Where,  in  the  record  of  the  day's  proceedings,  other  matters  appear  besides 
the  resolution  or  order  of  the  board  directing  the  holding  of  a  local  option 
election,  it  is  proper  to  omit  such  irrelevant  matter  from  the  notices  served 
and  posted,  and  to  append  thereto  the  signatures  of  the  clerk  and  chairman 
found  at  the  close  of  the  day's  proceedings  as  recorded.  The  law  does  not, 
in  terma,  require  the  posting  of  the  certified  copy  of  the  order  served  upon 
the  township  clerk,  and  it  is  sufficient  if  said  order  is  embodied  in  the 
notice  of  election  posted  by  that  officer.  Three  of  the  inspectors  signed 
the  original  canvass  of  the  votes  given  in  their  township  and  apparently 
all  joined  in  the  returns  that  were  canvassed  by  the  board  of  supervisors, 
and  it  is  held  that  the  board  had  power  to  require  an  amended  return 
if  the  one  made  was  incomplete,  and  might,  in  certain  cases,  proceed  and 
complete  the  canvass.  The  commissioners  of  election  have  authority  under 
the  more  recent  Australian  ballot  law,  to  provide  ballots  for  a  local  option 
election.  The  jurisdiction  being  shown  by  a  valid  record  and  canvass,  the 
determination  of  the  board  of  supervisors  as  to  the  result  of  a  local  option 
election  is  final. — Id. 


Clerk  to  lay 
petitions  be- 
fore  super- 
visors. 


Order  for 
election, 
what  to 
recite. 


(593)  §  5417.  SEC.  6.  At  such  meetings  of  the  board  of 
supervisors  it  shall  be  the  duty  of  the  county  clerk  to  lay 
before  them  petitions  filed  in  his  office  praying  for  such  sub- 
mission of  said  question  of  prohibition,  and  when  upon  exam- 
ination, it  shall  appear  to  the  said  board,  upon  the  face  of 
said  petitions,  and  by  the  transcripts  of  the  poll  lists,  or  by 
reference  to  the  returns  and  canvass  of  the  last  general  elec- 
tion, that  such  submission  of  said  question  has  been  prayed 
for  by  the  requisite  number  of  electors,  as  hereinbefore  pro- 
vided, they  shall,  by  resolution,  determine  and  declare  to  that 
effect,  and  such  determinations  shall  be  final  as  to  the  suffi- 
ciency of  the  petitions  and  the  requisite  number  of  electors 
signing  the  same,  and  they  shall  thereupon  issue  an  order 
directing  that  such  question  shall  be  voted  upon  at  the  next 
annual  township  election  to  be  held  in  and  for  such  county. 
Said  order  shall  recite:  The  filing  and  examining  of  the  peti- 
tions; the  resolution  determining  and  declaring  that  said 
j)etitions  represent  not  less  than  one-third  of  all  the  qualified 
electors  of  the  county  as  shown  by  the  transcripts  of  the  poll 
lists,  or  the  returns  and  canvass  of  the  last  preceding  general 
election  for  state  officers  held  in  such  county;  the  ordering 
of  the  question  of  prohibition  to  be  submitted  at  the  next  gen- 
eral election  for  township  officers  in  the  several  townships, 


LAWS   RELATING   TO    ELECTIONS.  193 

villages  and  cities  in  the  county,  to  ascertain  whether  or  not 
it  is  the  will  of  the  electors  of  the  county  that  the  manufac- 
ture of  liquor   and    the   liquor   traffic   should    be   prohibited 
within  the  limits  of  the  county;  which  said  day  of  election 
shall  always  be  at  the  time  of  the  township  meeting  for  the 
election  of  township  officers.    Such  orders  shall  be  entered  in  Order  to  be 
full  upon  the  journal  of  the  proceedings  of  the  board  for  that  Smeai.upor 
day,  and  the  same  shall  be  signed  by  the  acting  chairman  and 
clerk   of  the  board   before  final   adjournment.     The   county  Copy  to  be 
clerk  shall,  without  delay,  cause  a  copy  of  such  order,  duly  In 
certified  by  him,   to  be  delivered  to  the  township  clerk   of  of  election- 
each  township,  and  to  one  of  the  inspectors  of  election  of 
each  ward  or  election  district  of  every  city  in  the  county,  and 
shall  also  at  the  same  time  cause  such  order  to  be  published  order  for 
for  three  successive  weeks  in  two  newspapers  published  in  pubiis>he'dhow 
the  county. 

Am.  Id. 

The  purpose  of  the  provisions  of  the  act  making  the  determination  by  the 
board  of  supervisors  that  the  election  has  been  prayed  for  by  the  requisite 
number  of  electors  signing  the  same,  was  to  place  the  result  when  once 
reached  by  the  people,  beyond  controversy  or  collateral  attack,  which  power 
it  was  competent  for  the  legislature  to  confer  upon  the  board,  under  article 
4,  sec.  38,  of  the  constitution. — Friesner  v.  Common  Council  of  Charlotte, 
91  /  504.  The  provisions  fixing  the  time  when  the  different  proceedings 
taken  by  the  board  of  supervisors  under  the  act  shall  be  entered  on  their 
journal  and  signed  by  the  acting  chairman  and  clerk,  are  mandatory. — 
Covert  v.  Treasurer  of  Gratiot  Co.,  93  /  603.  It  is  competent  for  the  board 
of  supervisors,  when  convened  for  the  purpose  of  determining  whether  or 
not  an  election  under  the  local  option  law  has  been  prayed  for  by  the 
requisite  number  of  electors,  to  collect  and  collate  the  required  statutory 
facts  through  a  committee  appointed  for  that  purpose. — Giddings  v.  Wells, 
99  /  221.  Sec.  2477,  C.  L.,  1897,  which  makes  it  the  duty  of  the  clerk  of 
the  board  of  supervisors  to  record  the  vote  of  each  supervisor  on  any  ques- 
tion submitted  to  the  board  when  required  by  any  member,  gives  an  ample 
remedy  to  minorities,  and  where  the  record  sets  forth  the  adoption  of  a 
resolution  without  giving  the  yea  and  nay  vote,  it  will  be  presumed  that  it 
received  the  necessary  majority  vote  to  authorize  its  passage.  Where  the 
returns  made  by  the  inspectors  of  election  bear  date  as  of  the  day  on 
which  the  election  was  held,  it  will  be  presumed  that  the  inspectors  pre- 
pared the  same  "wihout  recess  or  adjournment,"  as  required  by  section  tea 
of  the  local  option  law.  The  consideration  by  the  board  of  supervisors,  in 
determining  the  result  of  an  election  under  local  option  law,  of  illegal  re- 
turns from  certain  townships,  will  not  invalidate  the  election,  where  the 
exclusion  of  such  returns  will  not  destroy  the  majority  in  favor  of  the 
proposition  submitted  to  the  electors.  The  operation  of  the  local  option 
law  in  a  given  county  does  not  depend  upon  the  forwarding,  without  delay, 
by  the  county  clerk  to  the  secretary  of  state,  of  a  certified  transcript  of  the 
resolution  of  prohibition,  and  of  so  much  of  the  journal  of  the  proceedings  of 
the  board  of  supervisors,  as  pertains  to  the  election,  including  the  tabular 
statement  of  votes,  together  with  a  copy  of  the  affidavit  of  publication  of 
the  notice  of  the  adoption  of  the  resolution,  as  required  by  section  fourteen 
of  the  local  option  law :  and  the  failure  of  the  clerk  to  comply  with  said 
provision  will  not  defeat  the  proceeding.  Under  this  section  which  pro- 
vides that  the  order  of  the  board  of  supervisors  directing  that  an  election 
be  held,  "shall  be  entered  in  full  upon  the  journal  of  the  proceedings  of 
the  board  for  that  day,  and  the  same  shall  be  signed  by  the  acting  chairman 
and  clerk  of  the  board  before  final  adjournment,"  it  is  sufficient  if  the  jour- 
nal for  the  day  is  signed  after  the  close  of  the  session. — Thomas  v.  Abbott, 
105  /  688.  The  determination  of  the  board  of  supervisors  that  a  sufficient 
number  of  qualified  voters  of  the  county  had  petitioned  for  the  submission 
of  the  question  in  the  county  is  final. — .Koerber  v.  Supervisors,  155  /  677. 
This  section  gives  the  right  to  one  whose  name  has  been  fraudulently  placed 
upon  a  petition  to  have  it  erased,  but  does  not  confer  such  right  upon  one 
who  signs  the  petition  of  his  own  volition. — Id. 

Section  7  repealed,  1899,  Act  183.  As  to  sufficiency  of  petitions  and  affi- 
davits — Madill  v.  Midland  Com.  Council,  156  /  56 ;  Werstein  v.  Supervisors 
of  Calhoun  Co.,  156  /  63.  Publication  of  notice  of  election. — Bauer  v.  Town- 
ship board  of  Denmark,  157  /  395.  The  record  of  the  board  of  supervisors 
evidencing  the  action  of  the  board  upon  a  petition  to  submit  to  the  voters  the 
question  of  the  adoption  of  local  option,  may  not  be  collaterally  attacked  be- 
cause of  the  failure  of  the  clerk  to  sign  the  record  before  the  final  adjourn- 
ment, where  the  record  had  been  signed  by  the  clerk  during  his  term  of 
office,  and  had  been  read  and  approved  at  a  subsequent  meeting,  the  record 
of  which  was  properly  authenticated. — Derosia  v.  Loree.  158/64.  A  peti- 
tioner may  not  have  his  name  removed  after  the  petition  is  filed,  when 

25 


194 


STATE    OP    MICHIGAN. 


the  signature  was  genuine  and  voluntary. — Kern  v.  Supervisors  of  St.  Glair 
Co.,  160/11;  see  also  Rutledge  v.  Supervisors  of  Marquette  Co.,  160/22; 
Lewis  v.  Supervisors  of  Montmorency  Co.,  164  /  595.  The  boards  of  super- 
visors are  not  authorized  to  go  behind  the  petitions  and  affidavits  required  by 
statute  to  determine  the  qualifications  of  the  petitioners. — Flanders  v.  Super- 
visors of  Van  Buren  Co.,  160/27. 


Ballots,  who 
to  furnish, 
form  of,  etc. 


Qualification 
of  electors. 


Registration, 
how  conduct- 
ed, etc. 


Proviso  as  to 

submitting 

question. 


(594)  §  5419.     SEC.  8.     The  officers  wJiose  duty  it  is  to 
provide  ballots  for  such  annual  township  election  shall  pro- 
vide suitable  ballots,  as  is  provided  for  in  section  forty-eight 
of  act  number  two  hundred  sixty-six  of  the  session  laws  of 
eighteen  hundred  ninety-seven,  containing  the  question,  "Shall 
the  manufacture  of  liquors  and  the  liquor  traffic  be  prohib- 
ited within  the  county?" 

Am.    1899,    Act    183. 

(595)  §  5420.    SEC.  9.    All  persons  entitled  under  the  law 
of  this  state  to  vote  for  supervisor  shall  be  deemed  qualified 
to  vote  upon  the  question  of  prohibition  provided  for  in  this 
act.     The  registration  of  the  qualified  electors,  the  hours  of 
opening  and  closing  the  polls,  the  manner  of  voting,  and  of 
holding  and  conducting  an  election  under  this  act,  and  the 
power  and  duty  of  the  boards  of  registration,  of  inspection  of 
election,  township  boards  and  common  council,  and  all  other 
officers  with  reference  to  such  election,  shall  be  the  same  in 
every  respect  as  in  the  case  of  annual  township  elections,  or 
the  election  of  members  of  the  board  of  supervisors,  except  as 
otherwise  provided  for  by  this  act  so  far  as  the  same  shall  be 
applicable :    Provided,  however,  That  such  proposition  having 
been  once  submitted  and  decided  either  way  by  a  majority  of 
the  votes  of  the  qualified  electors  in  any  county  in  the  state, 
voting  thereon,  the  same  shall  not  be  again  submitted  in  such 
county  within  a  period  of  two  years  next  thereafter,  but  may, 
at  any  time  after  the  expiration  of  such  period  upon  a  like 
petition  and  action,  be  again  submitted,  and  so  on,  at  the 
expiration  of  not  less  than  two  years  after  such  election. 

Am.    Id. 

EXPIRATION   OF   TWO   YEARS:      See   Reefer  v.    Hillsdale   Co.,    109/645. 


statement  of        (596)     §  5421.     SEC.  10.    At  the  close  of  the  canvass,  and 
mspec'tors."  by  after  declaring  the  result  of  the  vote,  and  without  recess  or 
adjournment,  the  inspectors  shall   draw  up  a  statement  of 
such  result  and  cause  a  duplicate  thereof  to  be  made,  which 
statement  and  duplicate,  together  with  the  poll  lists,  shall 
be  certified  by  the  inspectors  to  be  correct,  and  shall  be  sub- 
contents,        scribed  with  their  names.     Such  statement  shall  set  forth 
in  words  at  length  the  whole  number  of  votes  given  upon  the 
proposition  submitted,  and  the  whole  number  of  votes  cast 
"yes"  and  the  whole  number  of  votes  cast  "no"  thereon,  and 
TO  be  filed.      the  majority  for  or  against  the  proposition.    Said  statements, 
together  with  the  poll  lists,  shall  forthwith  be  filed  by  the 
inspectors  with  the  township  or  city  clerk,  one  copy  of  each  of 
which  shall  be  filed  and  preserved  in  his  office,  and  the  other 
transmitted  by  him  to  the  county  clerk  of  the  county  within 


LAWS    RELATING    TO    ELECTIONS.  195 

five  days  after  such  vote  shall  be  taken,  and  there  remain  on 
file.  i  '  |  !  i 

WITHOUT  RECESS,  ETC.  :  This  provision  relative  to  drawing  up  the 
statement  is  mandatory. — Covert  v.  Munson,  93/605.  See  Giddings  v.  Wells, 
1)9  /  224. 

(597)  §  5422.     SEC.  11.    The  board  of  supervisors  of  such  Board  of 
county  shall  meet  on  the  first  Monday  after  such  election  wneTto0*5' 
to  canvass  the  vote  of  the  county,  and  shall  ascertain,  deter-  Smvass  vote 
mine  and  declare  the  result  thereof.     At  such  meeting  the 

county  clerk  shall  lay  before  the  board  the  statements  of  the 
votes  of  the  several  townships,  wards  and  election  districts 
filed  with  him,  as  above  provided.  Such  canvass,  determina- 
tion, and  declaration  of  the  result,  together  with  a  tabular 
statement  of  all  the  votes  cast,  shall  be  entered  in  full  upon 
the  journal  of  their  proceedings  for  that  day,  and  the  same 
shall  be  signed  by  the  acting  chairman  and  the  clerk  of  the 
board :  Provided,  That  if  any  such  statement  or  poll  list  Proviso, 
shall  not  be  made,  certified  or  returned,  as  provided  in  sec- 
tion ten  of  this  act,  the  board  of  supervisors  may,  at  such 
meeting,  send  for  the  same  and  require  the  same  to  be  certi- 
fied and  made,  the  same,  and  with  like  power  and  authority, 
as  the  board  of  county  canvassers  at  general  elections. 

Where  the  board,  on  the  day  provided  by  statute  for  canvassing  the  result 
of  such  election,  met  and  appointed  a  committee  to  tabulate  the  vote  from  the 
returns  of  the  different  precincts,  and  took  a  recess  until  the  following  day 
when  the  report  of  said  committee  and  the  returns  were  submitted  and  the 
proposition  declared  to  be  carried,  was  not  fatal  to  the  validity  of  the  elec- 
tion ;  such  provision  being  directory. — Madill  v.  Midland  Com.  Council,  156  / 
57. 

(598)  §  5423.     SEC.  12.     In  case  any  township,  ward  or  in  case  town- 
election  district  -shall  refuse  or  neglect  to  hold  an  election  "hin  refuse  to 
at  the  time  or  in  the  manner  required  under  this  act,  or  in  hold  election, 
case  the  statement  of  the  votes  of  any  one  or  more  townships, 

wards,  or  election  districts  shall  be  unlawfully  withheld  from 
such  board  of  supervisors,  and  it  shall  appear  to  said  board 
of  supervisors  upon  inquiry  that  such  refusal  or  neglect  to 
hold  an  election,  or  that  such  withholding  of  any  statement 
of  the  votes  is  done  for  the  purpose  of  preventing  a  full 
expression  of  the  will  of  the  electors  of  such  county  upon  the 
proposition  so  submitted,  it  shall  nevertheless  be  lawful  for 
such  board  to  proceed  with  the  canvass  of  the  votes  and 
declare  the  result  thereof,  the  same  as  though  no  such  refusal 
or  neglect  to  hold  such  election  or  the  withholding  of  any 
such  statement  had  taken  place;  and  such  refusal,  neglect  or 
withholding  shall  in  no  wise  affect  or  invalidate  the  result  of 
the  election  as  determined  and  declared  by  such  board. 

Feek  v.   Twp.   Board,   82/410;   Thomas  v.   Abbott,   105/692. 

(599)  §  5424.     SEC.  13.     When  the  result  of  the  county  puty  of  super- 
canvass  shall  show  that  a  majority  of  all  the  legal  voters  ™ °r?'  [Jj16. ge 
voting  on  such  proposition  shall  have  voted  to  prohibit  within  affirmative. 
such  county  the  manufacture  of  liquors  and  the  liquor  traffic, 


196 


STATE    OP    MICHIGAN. 


Resolution  of 
prohibition. 


Entered  upon 
journal. 


and  when  the  board  of  supervisors  shall  have  so  determined 
and  declared,  as  hereinbefore  provided,  it  shall  be  the  duty  of 
such  board  of  supervisors  to  order  the  prohibition  within 
the  limits  of  such  county  of  the  manufacture,  sale,  keeping 
for  sale,  giving  away  or  furnishing  of  any  vinous,  malt, 
brewed,  fermented,  spirituous  or  intoxicating  liquors,  or  any 
mixed  liquor  or  beverage,  any  part  of  which  is  intoxicating, 
and  to  prohibit  the  keeping  of  a  saloon  or  any  other  place 
where  such  liquors  are  manufactured,  sold,  stored  for  sale, 
given  away  or  furnished,  by  resolution,  adopted  at  that  same 
meeting  of  the  board,  or  at  a  meeting  to  which  the  same  may 
be  adjourned  not  more  than  ten  days  after  such  canvass. 
Such  resolution  shall  be  spread  in  full  upon  the  journal  of 
their  proceedings  and  shall  set  forth  in  a  preamble  the  fact 
that  an  election  submitting  a  proposition  of  prohibition  as 
aforesaid  was  duly  held  in  the  county;  that  sufficient  returns 
and  statements  have  been  canvassed  by  them  and  the  result 
thereof  ascertained ;  that  such  result  was  in  the  affirmative  of 
such  proposition,  giving  the  majority,  and  that  the  same  has 
been  so  determined  and  declared  by  them.  Such  resolution 
of  prohibition  shall  take  full  effect  in  such  county  on  the  first 
day  of  May  next  following  its  adoption,  and  shall  not  be  sub- 
ject to  repeal  by  the  board  of  supervisors  within  two  years 
next  thereafter,  after  the  expiration  of  which  period  the 
board  may  again  on  petition  of  one-third  of  all  the  qualified 
electors  thereof,  as  shown  by  the  poll  lists  or  returns  and  can- 
vass of  the  last  preceding  general  election  for  state  officers 
held  in  the  county,  by  a  majority  vote  of  all  the  members 
elect  act  as  in  the  first  instance,  and  repeal  such  resolution 
of  prohibition,  but  not  unless  a  majority  of  the  electors  of  the 
county,  voting  on  such  proposition,  at  a  subsequent  election 
duly  held  in  accordance  with  the  provisions  of  this  act,  shall 
have  declared  against  the  prohibition  of  the  manufacture  of 
liquor  and  of  the  traffic  therein,  and  upon  the  repeal  of  such 
resolution  of  prohibition  by  the  board  of  supervisors,  all 
former  suspension  and  superseding  of  the  general  laws  of  the 
state  relative  to  the  taxation  and  regulation  of  the  manufac- 
ture and  sale  of  intoxicating  liquors,  as  provided  in  section 
two  of  this  act,  shall  cease  within  such  county:  Provided, 
however,  That  all  actions  which  may  have  been  brought  and 
all  rights  of  actions  which  may  have  accrued  before  such  re- 
peal shall  remain  and  continue  to  exist  as  fully  as  if  no  such 
repeal  had  taken  place. 

Am.    1899.    Act    183. 

Feek  v.  Twp.  Board,  82  /  414 :  Keefer  v.  Supervisors.  109  /  645.  As  to 
finality  of  determination  of  board  of  supervisors. — Haehnle  Brewing1  Co.  v. 
Supervisors,  156  /  493. 


When  to 
take  effect. 

When  not 
subject  to 
repeal. 


Result  of 
repeal,  etc. 


Proviso. 


?uebriksh°copy         (600)     §  5425.     SEC.  14.     It  shall  be  the  duty  of  the  clerk 
of  resolution,    of  such  board  of  supervisors  to  publish  without  delay,  once 
in  each  week  until  the  first  day  of  the  next  May,  in  a  newspa- 
per published  and  circulating  in  such  county,  to  be  desig- 
nated by  the  board,  a  copy  of  the  preamble  and  resolution 


LAWS    RELATING    TO    ELECTIONS.  197 

adopted  by  the  board,  as  provided  by  section  thirteen  of  this 
act:      Provided,   That   if   such    proposition    shall   have  been  Proviso, 
decided  in  the  negative,  such  publication  shall  not  be  required. 
The  said  clerk  shall  also,  without  delay,  forward  to  the  sec-  cierkto 
retary  of  state  a  certified  transcript  of  such  resolution  and  secretary  of 
of  so  much  of  the  journal  of  the  proceedings  of  the  board  of  jJJfVof'reso 
supervisors  as  pertains  to  such  election,  including  the  tabular  iution,  etc.' 
statement  of  votes,  together  with  a  copy  of  the  affidavit  of 
publication  of  the  notice  of  the  adoption  of  the  resolution. 
Such  original  affidavit  of  publication  shall  be  filed  with  the 
clerk  of  the  board  of  supervisors,  and  he  shall  spread  the 
same  on  the  records  of  the  board,  following  the  record  of  the 
adoption  of  the  resolution  of  prohibition,  and  the  said  clerk 
shall  state  next  on  the  record  the  date  when  said  notice  and 
affidavit  of  publication  was  entered  for  record,  and  shall  then 
sign  the  record  officially.     The  record  of  such  resolution  of  Record 
prohibition  and  the  publication  of  notice,  and  all  duly  certi- 
fied  copies  thereof,  shall  be  the  evidence  of  the  facts  therein 
stated  so  far  as  relates  to  the  territory  and  municipalities 
within  the  limits  of  said  county;  and  the  regularity  of  any 
proceedings  prior  to  the  adoption  of  such  resolution  by  the 
board  of  supervisors  shall  not  be  open  to  question  on  the  ex- 
amination or  trial  of  any  person  for  the  violation  of  any  of 
the  provisions  of  section  one  of  this  act. 

Am.   Id. 

DESIGNATION  OF  NEWSPAPER:  The  statute  requires  a  designation 
by  the  board  when  declaring  the  result.  A  prior  letting  of  the  county  print- 
ing to  certain  papers  is  not  sufficient.  The  record  of  the  proceedings  is 
fatally  defective  if  it  does  not  contain  such  a  designation. — Mbran  v.  Co. 
Treasurer,  97  /  186. 

TRANSCRIPT  :  The  operation  of  the  law  is  not  made  to  depend  upon  the 
forwarding  or  filing  of  this  transcript  and  the  failure  of  the  clerk  to  comply 
with  this  provision  will  not  defeat  the  proceedings. — Giddings  v.  Wells, 
99  /  224. 

AFFIDAVIT  OF  PUBLICATION :  Sufficiency  of. — People  v.  Whitney, 
105  /  633. 

RESOLUTION  AND  PUBLICATION:  The  adoption  of  the  proper  resolu- 
tion and  the  publication  of  a  notice  of  its  adoption  are  the  only  conditions 
required  to  put  the  law  in  force.  The  clerk  acts  in  a  ministerial  capacity  in 
recording  these  resolutions,  and  the  will  of  the  electors  cannot  be  thwarted 
by  his  failure  to  properly  perform  a  ministerial  duty. — People  v.  Hamilton, 
143  /  1.  See  also  People  v.  Fisch,  164  /  680. 

(601)     §  5426.    SEC.  15.    The  prohibitory  provisions  of  this  when  certain 
act  shall  take  effect  and  have  full  force  within  such  county  tPakTe1feclto 
of  this  state  on  and  after  the  first  day  of  May,  immediately 
following  the  adoption  by  the  board  of  supervisors  of  such 
county  of  the  resolution  ordering  such  prohibition  and  upon 
publication  of  the  notice  of  the  adoption  of  such  resolution: 
Provided,  however,  That  nothing  in  this  act  shall  be  so  con-  proviso, 
s trued  as  to  prohibit  the  sale  of  wine  for  sacramental  pur- 
poses, nor  shall  anything  herein  contained  prohibit  druggists 
or   registered   pharmacists  from  selling   or  furnishing   pure 
alcohol  for  medicinal,  art,  scientific  and  mechanical  purposes, 
nor  prohibit  the  sale  of  wine  or  cider  from  home-grown  fruit 
in  quantities  of  not  less  than  five  gallons,  nor  shall  the  provi- 
sions of  this  act  be  construed  to  prohibit  the  manufacture  of 
wine  or  cider,  nor  shall  the  provisions  of  this  act  be  construed 


198 


STATE    OP   MICHIGAN. 


to  prohibit  the  sale  at  wholesale  of  wine  or  cider  manu- 
factured in  said  county  to  parties  who  reside  outside  of  said 
county. 

Am.   1899,  Act  183;  1903,  Act  170. 

Sections   16.   17,   18   and   19   contain   provisions  relative   to  the   enforcement 
of  the  act,   if  adopted  by  the  electors. 


Penalty  on 
certain  offi- 
cers for  neg- 
lect of  duty. 


Compensation 
of  certain 
officers. 


When  certain 
officers  to 
make  copy 
of  poll  list. 


Secretary  of 
state  to  pre- 
pare blank 
statements, 
poll  books. 


Duty  of  attor- 
ney general  to 
draft  blank 
forms. 


(602)  §  5431.     SEC.  20.     4ny  township,  city,  or  county 
clerk,  member  of  the  board  of  registration,  inspector  of  elec- 
tion, supervisor  or  other  officer,  who  shall  refuse  or  wilfully 
evade  or  neglect  to  perform  any  of  the  duties  imposed  upon 
him  by  the  provisions  of  this  act,  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  misdemeanor  and  shall  be  punished 
by  a  fine  not  exceeding  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  six  months,  or  both, 
in  the  discretion  of  the  court. 

(603)  §  5432.     SEC.  21.     The  several  officers  required  to 
render  any  service  by  reason  of  this  act  shall  receive  the  same 
compensation  allowed  by  law  for  other  like  services  and  from 
the  same  sources,  and  the  fees  for  publishing  the  required 
notices  shall  be  allowed  by  the  board  of  supervisors  and  paid 
by  the  county. 

(604)  §  5433.     SEC.  22.    It  shall  be  the  duty  of  any  town- 
ship, city  or  county  clerk  on  the  demand  of  any  qualified 
elector  in  the  county,  and  on  payment  or  tender  to  him  of  the 
fee  herein  prescribed,  to  make  out  within  a  reasonable  time 
and  at  his  office  deliver  to  such  elector  a  true  and  certified 
copy  of  the  poll  list,  or  poll  lists  of  the  last  general  election 
held  in  his  township,  city  or  county,  on  file  in  his  office,  for 
which  he  shall  be  entitled  to  receive  at  the  rate  of  fifty  cents 
for  every  one  hundred  names. 

(605)  §  5434.     SEC.  23.     The  secretary  of  state  is  hereby 
required  to  prepare  all  suitable  blank  statements  and  poll 
books  to  be  used  at  elections  held  under  this  act,  and  to  fur- 
nish the  same  in  sufficient  numbers  upon  application  to  each 
county  clerk,  whenever  they  shall  be  needed  in  the  county. 
And  it  shall  be  the  duty  of  such  county  clerk,  whenever  such 
election  is  to  be  held  in  the  county,  to  make  requisition  upon 
the  secretary  of  state  for  a  sufficient  number  of  such  blank 
statements  and  poll  books,  and  at  least  ten  days  before  such 
election  distribute  and  deliver  the  same  to  the  several  town- 
ship and  city  clerks  in  the  county. 

(606)  §  5435.     SEC.  24.     It  shall  be  the  duty  of  the  at- 
torney general  to  draft,  or  cause  the  same  to  be  done,  under 
his  supervision,  a  complete  set  of  all  the  blank  forms  that 
may  be  used  or  required  under  the  provisions  of  this  act ;  and 
it  shall  be  the  duty  of  the  secretary  of  state  to  publish  and 
distribute  a  sufficient  number  of  copies  of  this  act  in  pam- 
phlet form,  with  an  appendix  containing  a  copy  of  all  such 
blank  forms. 

Section  25  was  added  in  1899,  Act  183,  amended  in  1909,  Act  107,  and  re 
lates  to  the  recording  of  sales  of  liquors  by  druggists. 

Sections  26  39  comprise  the  so-called  "search  and  seizure"  act,  were  added 
by  act  107  of  1909  and  do  not  relate  directly  to  elections. 


LAWS    RELATING    TO    ELECTIONS.  199 


HOLIDAYS. 

An  Act  to  designate  the  holidays  to  be  observed  in  the  acceptance 
and  payment  of  bills  of  exchange  and  promissory  notes,  in  the 
holding  of  courts,  and  relative  to  the  continuance  of  suits. 

[Act   124,   L.    M.    1865.] 

The  People  of  the  State  of  Michigan  enact: 

(607)  §  4880.  SECTION  1.  The  following  days,  namely:  Holidays 
the  first  day  of  January,  commonly  called  New  Year's  day ;  d< 
the  twelfth  day  of  February,  commonly  called  Lincoln's 
birthday;  the  twenty-second  day  of  February,  commonly 
called  Washington's  birthday;  the  thirtieth  day  of  May,  com- 
monly called  Decoration  day;  the  fourth  day  of  July;  the 
first  Monday  of  September,  commonly  called  Labor  day;  the 
twenty-fifth  day  of  December,  commonly  called  Christmas 
day;  every  Saturday  from  twelve  o'clock  noon  until  twelve 
o'clock  at  night,  which  is  hereby  designated  a  half  holiday; 
all  national,  state,  county  or  city  election  days,  and  any  day 
appointed  or  recommended  by  the  governor  of  this  state,  or 
the  president  of  the  United  States  as  a  day  of  fasting  and 
prayer  or  thanksgiving,  shall,  for  all  purposes  whatever  as 
regards  the  presenting  for  payment  or  acceptance,  and  of 
the  protesting  and  giving  notice  of  the  dishonor  of  bills  of 
exchange,  bank  checks  and  promissory  notes,  made  after  this 
act  shall  take  effect,  also  for  the  holding  of  courts,  except 
as  hereinafter  provided,  be  treated  and  considered  as  the 
first  day  of  the  week,  commonly  called  Sunday,  and  as  pub- 
lic holidays  or  half  holidays;  and  all  such  bills,  checks  and 
notes  otherwise  presentable  for  acceptance  or  payment  on 
any  of  the  said  days  shall  be  deemed  to  be  payable  and  pre- 
sentable for  acceptance  or  payment  on  the  secular  or  busi- 
nes  day  next  succeeding  such  holiday  or  half  holiday :  Pro-  Proviso, 
vided,  That  in  construing  this  section,  every  Saturday  un-  Saturda>ys- 
less  a  whole  holiday,  as  aforesaid,  shall  for  the  holding  of 
court  and  the  transaction  of  any  business  authorized  by  the 
laws  of  this  state  be  deemed  a  secular  or  business  day :  Pro-  Proviso  as  to 
vided  also,  That  in  case  the  return  or  adjourn  day  in  any  smts* 
suit,  matter  or  hearing  before  any  court,  officer,  referee  or 
arbitrators  shall  come  on  any  of  the  days  first  above  named 
except  Sunday,  such  suit,  matter  or  proceeding,  commenced 
or  adjourned  as  aforesaid,  shall  not,  by  reason  of  coming  on 
any  of  such  days  except  Sunday,  abate,  but  the  same  shall 
stand  continued  on  the  next  succeeding  day,  at  the  same 
time  and  place  unless  the  next  day  be  the  first  day  of  the 
week,  or  a  holiday,  in  which  case  the  same  shall  stand  con- 
tinued to  the  next  day  succeeding  said  first  day  of  the  week 
or  holiday,  at  the  same  time  and  place:  Provided  further,  proviso  as  to 
That  whenever  the  first  day  of  the  general  term  of  any  cir-  circuit  courts- 
cuit  court,  as  fixed  by  the  order  of  a  circuit  judge  shall  fall 


200 


STATE    OF    MICHIGAN. 


Further 
proviso, 
legal  process. 


upon  either  of  the  days  first  above  named  or  whenever  any 
circuit  court  shall  be  adjourned  to  any  of  the  days  first  above 
named,  such  court  may  be  adjourned  to  the  next  succeeding 
secular  day:  Provided  further,  That  nothing  herein  con- 
tained shall  be  construed  to  prevent  or  invalidate  the  entry, 
issuance,  service  or  execution  of  any  wlrit,  summons  or  con- 
fession of  judgment  or  other  legal  process  whatever,  holding 
courts  or  the  transaction  of  any  lawful  business  except  bank- 
ing on  any  of  the  Saturday  afternoons  herein  designated  as 
half  holidays,  nor  to  prevent  any  bank  from  keeping  its 
doors  open  or  transacting  its  business  on  any  of  the  said 
Saturday  afternoons,  if  by  a  vote  of  its  directors  it  elects 
to  do  so. 


When  holi- 
day falls  up- 
on Sunday. 


Proviso,  as 
to  checks,  etc 


Am.    1903,    Act   254 ;    1905,    Act   35  ;    1909,    Act    246. 

The  use  of  the  words  "any  day"  instead  of  "the  day,"  shows  that  the 
intent  of  the  legislature  was  not  to  limit  the  holidays  to  the  general  Thanks- 
giving day,  but  to  all  days  designated  as  days  of  "fasting  and  prayer  or 
thanksgiving." — People  v.  Ackerman,  50  /  590. 

(608)  §  4881.  SEC.  2.  Whenever  the  first  day  of  Janu- 
ary, the  twelfth  day  of  February,  the  twenty-second  day  of 
February,  the  thirtieth  day  of  May,  the  fourth  day  of  July 
or  the  twenty-fifth  day  of  December  shall  fall  upon  Sunday, 
the  next  Monday  following  shall  be  deemed  a  public  holiday 
for  any  or  all  of  the  purposes  aforesaid :  Provided,  however, 
That  in  such  cases  all  bills  of  exchange,  checks  and  promis- 
sory notes  made  after  the  passage  of  this  act  which  would 
otherwise  be  presentable  for  acceptance  or  payment  on  said 
Monday  shall  be  deemed  to  be  presentable  for  acceptance  or 
payment  on  the  secular  business  day  next  succeeding  such 
holiday. 

Added   1893,   Act   185;   Am.    1909,   Act  246. 


Columbus 
day  declared 
holiday. 


Proviso, 
commercial 
paper,  etc. 


An  Act  designating  the  twelfth  day  of  October  of  each  year  as  a  pub- 
lic holiday,  to  be  known  as  "Columbus  day." 

[Act   258,    P.    A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(609)  SECTION  1.  The  twelfth  day  of  October  of  the  year 
nineteen  hundred  nine,  and  the  twelfth  day  of  October  of 
each  year  thereafter  is  hereby  declared  a  public  holiday  to 
be  known  as  "Columbus  day"  and  the  same  shall  be  recog- 
nized, classed  and  treated  as  other  legal  holidays  under  the 
laws  of  this  state:  Provided,  That  this  act  shall  not  be  con- 
strued to  affect  commercial  paper,  the  making  or  execution 
of  agreements  or  instruments  in  writing,  or  interfere  with 
judicial  proceedings. 


LAWS    RELATING    TO    ELECTIONS.  201 


CHAPTER  XIV.— PRIMARY  ELECTION  LAW. 

An  Act  relative  to  the  nomination  of  party  candidates  for  public 
office  and  delegates  to  political  conventions,  to  regulate  primary 
elections  and  to  prescribe  penalties  for  violations  of  its  provisions, 
and  to  provide  for  the  printing  upon  election  ballots  of  the  names 
of  candidates  nominated  under  the  terms  of  this  act,  and  to  repeal 
act  number  four  of  the  public  acts  of  the  extra  session  of  the  year 
nineteen  hundred  seven,  and  all  local  primary  election  acts  contra- 
vening the  provisions  of  this  act,  except  as  in  this  act  otherwise 
provided. 

[Act  281  of  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(610)  SECTION  1.     Whenever  any  primary  election  shall  when 

be  held  in  this  state  or  in  any  city,  county  or  district  in  this  noSated  by 
state,  pursuant  to  the  provisions  of  this  act,  the  nomination  direct  vote. 
of  candidates  for  the  offices  herein  named,  by  each  political 
party,  shall  be  made  by  direct  vote  of  the  enrolled  voters  of 
such  political  party  in  the  state  or  in  any  district,  county, 
or  city  in  this  state,  as  the  case    may  be,  in   the  manner 
hereinafter  provided. 

See  Bradley  v.  Bd.   of  State  Canvassers,  154  /  274  ;  Line  v.  Election  Com'rs, 
154  /  329. 

(611)  SEC.  2.     All    primary    elections    shall,    except    as  primary 
herein  otherwise  provided,  be  conducted    and    regulated    as  governed  h°w 
near  as  may  be  in  every  particular  as  prescribed  by  law  for 

the  regulation  and  conduct  of  general  elections.     The  provi-  provisions 
sions  of  the  general  election  law  shall  apply  to  primary  elec-  aPPlicable- 
tions  with  respect  to  the  giving  of  notices  of  enrollment  and 
election,  in  fixing  places  for  holding  such  elections,  providing 
the  ballot  boxes  with  the  necessary  equipment  and  supplies, 
in  giving  notice  of  meetings  of  boards  of  canvassers,  in  can- 
vassing and  certifying  the  result  of  the  primary  election  and 
in  giving  notice  of  primary  elections  except  as  the  contrary 
may  be  herein  expressed,  and  all  officers  required  to  perform 
similar  duties  under  the  general  election  law  shall  be  required 
to  perform  such  duties  under  this  act,  with  like  power  and 
compensation.    All  expenses  of  primary  elections  shall  be  de-  Expenses, 
frayed  from  the  same  funds  from  which  are  defrayed  the  ex-  how  defrayed, 
penses  of  an  election. 

Am.   1911,   Act   279. 

(612)  SEC.  3.     The  words  "primary"  or    "primary    elec-  "Primary," 
tion,"  as  used  in  this  act,  shall  be  construed  to  mean  an  elec- term  defined. 
tion  for  the  purpose  of  deciding  by  ballot  who  shall  be  the 
nominees  of  political  parties  for  the  offices  named  in  this  act 

or  for  the  election   by  ballot  of  delegates  to  political  con- 
ventions.   The  words  "qualified  elector"  shall  be  construed  to 


202 


STATE    OF   MICHIGAN. 


who  may 


mean  an  elector  who  is  qualified  under  the  general  election 
law,  to  vote  for  a  member  of  the  legislature  in  this  state. 

(613)  SEC.  4.  No  person  shall  be  permitted  to  vote  at  any 
primary  election  held  in  this  state,  unless  he  shall  have  been 
enrolled  in  the  manner  herein  provided  as  a  member  of  a 
political  party.  The  voters  in  the  various  political  parties 
shall  be  afforded  an  opportunity  to  become  enrolled  voters  of 
the  particular  political  party  with  which  they  are  affiliated 
on  the  first  Monday  of  April  preceding  the  August  primary 
election  and  on  the  last  Saturday  in  January  of  each  year: 
Provided,  however,  That  any  qualified  elector  may  become  en- 
rolled  and  be  eligible  to  vote  at  any  primary  election  if  he 
shall  deliver  to  the  city  or  township  clerk  or  other  officer  in 
charge  of  the  enrollment  book  a  written  request  for  said  en- 
rollment accompanied  by  an  affidavit  setting  forth  that  he  is 
a  qualified  elector  of  said  township,  ward  or  precinct,  and 
that  it  is  bonafide  his  intention  to  affiliate  with  the  political 
party  in  which  he  seeks  to  enroll:  Provided,  however,  That 
no  enrollment  by  notice  and  affidavit  shall  entitle  any  elector 
to  vote  at  any  primary  that  shall  occur  within  two  months 
^rom  ^ne  date  °^  sa^  enrollment.  It  shall  be  necessary  for 
all  electors  to  become  enrolled  under  authority  of  this  act 
and  no  elector  shall  be  deemed  a  qualified  enrolled  elector  who 
has  been  enrolled  under  any  prior  act  subsequent  to  the  date 
this  act  takes  effect. 


Proviso,  en- 
affid'avit  by 


proviso. 


Enrollment 


session  of. 


Am.   1911,  Act  279. 


Enrollment 


(614)  SEC.  5.     The  various  boards  of  election  inspectors 
provided  for  by  the  provisions  of  the  general  election  or  other 
law  shall  constitute  an  enrollment  board.     The  said  enroll- 
ment boards  shall  be  in  session  in  every  voting  precinct  in 
this  state  on  the  day  prescribed  in  this  act  and  during  the 
same  hours  that  the  polls  are  required  to  be  open  at  a  gen- 
eral election.    Notice  of  the  time  when  and  the  place  where 
said  boards  shall  be  in  session  shall  be  given  in  the  same 
manner  that  notices  of  meetings  of  boards  of  registration  are 
given.    An  extra  clerk  may  be  employed  by  said  board  to  act 
as  enrolling  clerk  on  enrollment  day. 

(615)  SEC.  6.    The  enrollment  herein  provided  for  shall  be 
fo      o  .  ma(je  |n  a  suitable  book  in  which  the  names  shall  be  enrolled 

in  alphabetical  order.     Such  books  shall  be  furnished  by  the 
secretary  of  state  to  the  county  clerk  and  by  him  delivered  to 
said  enrollment  boards,  at  the  same  time  and  in  the  same 
manner  as  is  now  provided  by  law  for  the  delivery  of  blanks 
for  use  at  general  elections,  and  shall  be  prepared  substan- 
tially in  form  as  f  ollowfe  : 

Party  enrollment  of  voters  in 
....................  county 

....................  city 

....................  precinct  ...............  ward 

....................  township 


LAWS   RELATING   TO    ELECTIONS.  203 


Date. 

Enrolled 

No. 

Name. 

Residence. 

Street  No. 

Party  Affiliation. 

Remarks. 

Said  enrollment  book  shall  also  contain  blank  form  of  cer- 
tificates to  be  used  by  the  enrollment  board  in  making  its  re- 
turn of  such  enrollment  in  the  manner  herein  provided.     It  correction 
shall  be  the  duty  of  the  secretary  of  state  to  prepare  and  for-  blanks- 
ward  to  each  voting  precinct  in  this  state,  blank  leaflets  upon 
which  the  enrolling  clerk  can  indicate  the  necessary  correc- 
tions in  any  party  enrollment  heretofore  taken,  or  which  may 
hereafter  be  taken,  one  copy  of  Which  shall  be  forwarded  by 
the  enrollment  clerk  to  the  county  clerk  and  one  copy  to  the 
secretary  of  state.  It  shall  be  the  duty  of  the  enrollment  board  Enrollment 
to  write  the  name  of  the  political  party  or  organization  given  duty  of. 
by  a  person  making  application  for    enrollment    and    ditto 
marks  shall  not  be  used  to  indicate  any  voter's  political  affilia- 
tion.    Any  enrollment  board  or  the  members  thereof  failing 
to  hold  an  enrollment  and  afford  to  the  voters  an  opportunity 
to  become  enrolled  shall  upon  conviction  thereof  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  subject  to  the  penalties 
prescribed  in  this  act. 

Am.   1911,  Act  279. 


(616)  SEC.  7.    The  legal  custodian  of  the  general  registra- 

tion  book  of  each  election  precinct,  shall  be  custodian  of  the  custody  of! 
party  enrollment  book  provided  for  herein.  Such  custodian 
shall,  within  ten  days  after  any  party  enrollment,  or  correc- 
tion of  the  enrollment  book,  forward  under  seal  to  the  county 
clerk  of  his  county  and  to  the  secretary  of  state,  on  blanks 
therefor  to  be  furnished  by  the  secretary  of  state,  one  copy 
of  the  party  enrollment,  or  the  corrections  and  additions 
made  in  the  enrollment  book  of  each  election  precinct,  to 
each  of  which  copies  he  shall  attach  his  certificate  that  the 
same  is  a  true  and  correct  copy  of  the  party  enrollment  or  of 
the  corrections  and  additions  to  the  same. 

(617)  SEC.  8.    On  the  date  named  herein  for  the  enrollment  Review  of 

f        i  it  •  11  ,    i  i        i     11  •         ±t  enrollment 

of  voters,  the  various  enrollment  boards  shall  review  the  en-  book. 
rollment  book    and  correct    the  same   in  the    same  manner 
as  corrections  are  made  in   the  registration  book  for  said 
precinct    provided    for    under    the    provisions    of    the    gen- 
eral election   law.    The  custodian   of  said  enrollment  book 
shall    deliver    the    same    to    the    board    of    enrollment  for 
the    purposes    of    review    and    correction    as    herein    pro- 
vided.   The    said  enrollment    board  shall    enroll    all    qual-  Enrollment 
ified   electors  Who  make  personal   application   for  and   are  ° 
entitled   to  enrollment  as  members   of  any  political   party. 
Whenever  any   qualified  elector  shall   apply  for  enrollment 


204 


STATE    OP   MICHIGAN. 


but  shall  neglect  or  refuse  to  give  the  name  of  his  party  or  if 
he  has  none,  he  shall  not  be  enrolled.  Whenever  a  qualified 
elector  is  entitled  to  enrollment,  he  shall  be  enrolled  by  the 
said  board  as  a  member  of  the  particular  political  party  which 
he  names. 


Duty  of 
chairman. 


Enrollment 
on  primary 
day. 


Change  of 
residence. 


Proviso. 


Change  of 

party 

affiliation. 


Am.   1911,   Act  279. 

(618)  SEC.  9.     At  the  close  of  enrollment  on  enrollment 
day,  it  shall  be  the  duty  of  the  chairman  of  the  board  having 
in  charge  the  party  enrollment  in  any  election  precinct,  to 
cause  two  black  lines  to  be  drawn  across  the  page  under  the 
last   name   enrolled   under  each    alphabetical    letter   in   the 
party  enrollment  book,  and  shall  cause  to  be  written  between 
said  lines  the  words,  "Last  name  enrolled  under  this  letter 

the day  of 19. .,"  filling  in  the 

date  of  said  enrollment. 

(619)  SEC.  10.    Any  qualified  elector  in  any  election  pre- 
cinct in  this  state,  who  failed  to  have  his  name  enrolled  on 
enrollment  day  by  reason  of  sickness  or  unavoidable  absence 
from  the  election  precinct,  and  who  is  a  qualified  elector  in 
said  precinct  on  primary  election  day  or  any  person  who  may 
have  become  twenty-one  years  of  age  or  a  qualified  elector 
after  enrollment  day,  may  have  his  name  enrolled  by  the 
board  of  primary  election  inspectors  on  any  primary  election 
day  upon  making  oath  as  provided  in  the  general  election 
law,  relative  to  the  registration  of  electors  on  election  days; 
or  any  person  who  was  duly  enrolled  in  the  manner  herein 
provided  but  wTho  has  changed  his  residence  to  any  election 
precinct,  other  than  that  in  which  he  was  enrolled,  may  be 
enrolled  in  the  new  election  precinct  and  may  vote  therein : 
Provided,   That   he  has  resided   in   the  election    precinct  in 
wjhich  he  seeks  to  be  enrolled  for  a  period  of  twenty  days  and 
that  he  obtained  from  a  member  of  the  enrollment  board  of 
the  election  precinct  in  which  he  formerly  resided,  a  certifi- 
cate stating  that  he  was  duly  enrolled  in  such  precinct,  and 
that  he  is  entitled  to  enrollment  in  the  new  precinct,  which 
certificate  shall  contain  all  the  data  set  forth  in  the  enroll- 
ment book;  or  that  he  satisfy  the  said  enrollment  board  of 
primary  election  inspectors,  upon  making  oath  to  such  fact 
as  provided  in  the  general  election  law  relative  to  the  regis- 
tration of  electors  on  election  day,  of  the  existence  of  such 
facts. 

(620)  SEC.  11.     Whenever  an  enrolled  voter  has  changed 
his  party  affiliation  and  desires  to  be  enrolled  as  a  member 
of  another  political  party,  he  may  personally  make  applica- 
tion only  on  enrollment  day  for  re-enrollment  to  the  enroll- 
ment board,   and   said   board  shall   thereupon   re-enroll   the 
name  of  said  enrolled  voter,  and  at  the  same  time  draw  a  pen 
mark  through  the  name  of  said  enrolled  voter  as  previously 
enrolled  and  opposite  said  name  as  previously  enrolled,  shall 
write  the  word  "re-enrolled"  and  the  date  of  said  enrollment. 


LAWS    RELATING    TO    ELECTIONS.  205 

(621)  SEC.  12.     The  question  of  the  nomination  of  party  Party 
candidates  for  city  offices,  in  cities  having  a  population  of  less  formc\tytio 
Than  seventy  thousand,  may  be  submitted  or  resubmitted  to  °fflces- 
the  qualified  electors  of    such    city    upon    petition    therefor 
signed  by  a  number  of  voters  of  such  city,  which  number  shall 
constitute  not  less  than  twenty  per  centum  of  the  total  num- 
ber of  votes  cast  in  such  city  for  secretary  of  state  at  the 

last  preceding  November  election.  Such  proposition  may 
be  submitted  or  resubmitted  at  any  primary  election:  Pro-  Proviso. 
vided,  That  a  resubmission  in  any  city  shall  not  take  place 
within  two  years  after  such  question  has  been  decided  either 
affirmatively  or  negatively  by  a  majority  of  the  qualified 
voters  of  such  city  voting  on  such  proposition. 

Am.    1911,   Act   279. 

(622)  SEC.  13.     The  petition  referred  to  in  the  preceding  Petition, 
section  relative  to  city  offices  in  cities  having  a  population  of  drSsedad~ 
less  than   seventy  thousand,  shall  be  addressed  to  the  city 

clerk  and  shall  be  delivered  to  said  city  clerk  at  least  thirty 
days  before  the  date  of  the  election  on  which  the  proposition  is 
to  be  voted  upon  by  the  voters  of  said  city. 

Am.    Id. 

(623)  SEC.  14.     The  said  petition  shall  be  substantially  Form  of. 
in  the  following  form : 

We,  the  undersigned,  voters  of  the  city 

of    respectfully   petition   that  the 

question  of  direct  nomination  of  party  candidates  for 

shall  be  submitted   (or  resubmitted)   to  the 

qualified  electors  of  said  city  on  the  

(Signed) 


Am.    Id. 


(624)      SEC.   15.     The  said  city  clerk  shall  examine  said  qty  clerk  to 
petition  and  if  it  is  found  that  a  sufficient  number  of  voters  & 
have  signed  said  petition,  he  shall  give  notice  as  near  as  pos- 
sible in  the  manner  now  provided  by  law  for  giving  notice 
of  general  elections  in  this  state,  that  at  an  election  to  be 
held  pursuant  to  the  provisions  of  this  act  (giving  the  date), 
the  proposition  will  be  submitted  or  resubmitted  to  the  qual- 
ified electors  of  said  city,  referred  to  in  such  petition  or  peti- 
tions whether  the  nomination   of  party  candidates  for  the 
offices  named  in  said  petition  or  petitions  shall  thereafter  be 
made  in  such  city  by  direct  vote,  and  the  proper  board  of 
election  commissioners  under  the  general  election  law  shall 
cause  to  be  printed  on  the  ballot  to  be  used  at  such  primary  Mot,  form 
election,  in  substance,  the  following  words : 

Instruction :     Make  a  cross  in  the  square  to  the  left  of  the 
words  "Yes"  or  "No"  on  each  proposition  submitted. 


206 


STATE    OP   MICHIGAN. 


Canvass. 


Primary  election  system  for  the  nomination  of  candidates 
for offices. 

(   )     Yes. 

(   )     No. 

The  color  of  the  ballots  shall  be  the  same  as  is  prescribed 
by  law  for  ballots  for  a  general  election.  The  size  and  form 
of  the  ballots  other  than  as  herein  directed,  shall  be  pre- 
scribed by  the  said  board  of  election  commissioners.  The 
votes  cast  at  such  election  shall  be  canvassed,  and  returns* 
thereof  made  in  like  manner  as  is  provided  for  the  canvassing 
of  votes  and  the  making  of  returns  of  any  general  election 
circuit  judges,  in  such  county  or  city  by  the  terms  of  existing  law.  All  can- 
didates for  circuit  judge  shall  be  selected  in  accordance  with 
the  provisions  of  this  act:  Provided,  That  all  duties  imposed 
upon  city  or  county  clerks  shall  in  the  case  of  judicial  dis- 
tricts composed  of  more  than  one  county  be  performed  by  the 
secretary  of  state.  The  provisions  of  this  act  relative  to  the 
nomination  of  candidates  for  district  offices  are  as  far  as  pos- 
sible made  applicable  to  the  election  of  candidates  for  circuit 
judge.  The  primary  election  for  the  election  of  candidates 
for  circuit  judge  shall  be  held  on  the  first  Wednesday  in 
March  prior  to  the  election.  The  vote  cast  for  candidates  in 
judicial  districts  shall  be  counted  and  canvassed  in  the  same 
manner  as  the  vote  cast  on  the  election  of  circuit  judge. 


Proviso. 


Primaries, 
when  held. 


Canvass. 


August 
primary. 


Proviso. 


March 
primary. 


Proviso, 
cities. 


Am.   Id. 

(625)  SEC.  16.  A  general  primary  election  for  all  political 
parties  shall  be  held  in  every  election  precinct  in  this  state  on 
the  last  Tuesday  in  August  preceding  every  general  Novem- 
ber election,  at  which  time  the  enrolled  voters  of  each  political 
party  shall  vote  for  party  candidates  for  the  office  of  governor, 
lieutenant  governor  and  United  States  senator:  Provided, 
That  no  nomination  for  the  office  of  United  States  senator 
shall  be  made,  unless  such  official  is  to  be  elected  at  the  next 
session  of  the  legislature.  A  general  primary  election  for 
all  political  parties  shall  also  be  held  on  the  first  Wednesday 
in  March  prior  to  the  spring  election  at  Which  time  the  en- 
rolled voters  of  each  political  party  shall  vote  for  candidates 
for  county  offices  filled  at  the  spring  election;  for  candidates 
for  circuit  judge  and  for  candidates  for  city  offices  in  cities  in 
Which  the  provisions  of  this  act  are  applicable:  Provided, 
That  in  those  cities  in  which  the  provisions  of  this  act  are 
applicable  and  in  which  city  officers  are  elected  at  a  time  other 
than  the  general  November  election  or  the  spring  election,  the 
primary  election  in  such  city  -shall  be  held  on  the  third  Tues- 
day prior  to  the  charter  election  and  all  of  the  provisions 
of  this  act  shall  be  made  applicable  thereto.  Whenever  a  reg- 
ular or  special  primary  election  is  required  by  the  provisions 
of  this  act  to  be  held  in  any  county  or  district  it  shall  be 
held  in  every  portion  thereof  regardless  of  whether  there  are 
any  candidates  for  any  city  offices  to  be  nominated  at  such 


LAWS   RELATING   TO    ELECTIONS.  207 

regular  or  special  primary  election:    Provided,  That  the  pro-  Proviso, 
visions  of  this  act  shall  not  apply  to  any  city  which  may  foSimifio 
have  or  which  may  hereafter  adopt  a  commission  form  of  government. 
government  or  in  which  city  officers  are  elected  on  a  non-par- 
tisan ballot,  except  as  the  charter  of  such  city  may  make  the 
provisions   hereof   applicable.     Whenever   a  special   election  special 
shall  be  called  to  fill  any  vacancy  in  any  office,  the  candidates  eieSS)? 
for  which  are  regularly  nominated  in  accordance  with  the 
provisions  of  this  act,  a  special  primary  election  for  all  po- 
litical parties  shall  be  held  in  the  city,  county  or  district  in 
which  such  vacancy  occurs,  on  the  tenth  day  prior  to  the  date 
of  such  special  election.  When  in  any  case  the  tenth  day  prior 
to  such  special  election  shall  fall  on  Sunday  or  a  legal  holiday, 
such  primary  election  shall  be  held  on  the  day  prior  thereto. 
In  the  case  of  a  special  primary  election,  it  shall  be  the 
duty  of  the  proper  board  of  election  commissioners  to  prepare 
the  necessary  number  of  ballots  for  every  political  party  par- 
ticipating  in   the  last   preceding  regular   primary   election. 
The  provisions  of  this  act,  relative  to  the  printing,  distribu-  Ballots, 
tion,  etc.,  of  primary  election  ballots  shall  be  applicable  to 
the  ballots  prepared  for  use  at  a  special  primary  election. 
The  ballots  shall  be  prepared  in  such  manner  that  the  voters 
of  each  political  party  may  write,  print  or  paste  the  name 
of  a  candidate  thereon.     The  name  of  a  candidate  shall  not 
be  printed  upon  any  ballots  prepared  for  use  at  a  special 
primary  election.     The  provisions  of  this  act  shall  be  ap- 
plicable in  all  particulars  to  special  primary  elections  except 
as  the  contrary  is  indicated  in  this  section :     Provided,  That  proviso, 
it  shall  be  unlawful  for  any  person  directly  or  indirectly  ' 

at  any  regular  or  special  primary  election  to  distribute  slips 
or  pasters,  or  electioneer  or  induce  or  attempt  to  induce  any 
person  to  vote  or  refrain  from  voting  in  a  particular  way, 
within  any  polling  place  or  within  one  hundred  feet  thereof. 
It  shall  be  lawful  to  call  a  special  election  for  the  submission 
of  any  proposition  on  any  regular  or  special  primary  election 
day. 

Am.   Id. 

(626)     SEC.  17.    In  every  congressional  district  in  this  state  Congressmen, 
there  shall  be  nominated  at  the  said  August  primary  election,  JJ£mi) 
by  direct  vote  of  the  enrolled  voters  of  each  political  party 
within  such  district,  a  party  candidate  for  representative  in 
congress.    In  every  senatorial  district  in  this  >state  there  shall  state 
be  nominated  at  the  said  primary  election,  by  direct  vote  of  s< 
the  enrolled  voters  of  each  political  party  within  such  dis- 
trict, a  party  candidate  for  state  senator.     In  every  repre-  state  repre- 
sentative district  in  this  state  there  shall  be  nominated  at se 
the  said  primary  election,  by  direct  vote  of  the  enrolled  voters 
of  each  political  party  within  such  district,  a  party  candi- 
date or  candidates  as  the  case  may  be,  for  representative  in 
the  state  legislature.     In  every  county  in  this  state  there 
shall  be  nominated  at  the  said  primary  election  by  direct  vote 


208 


STATE   OF   MICHIGAN. 


of  the  enrolled  voters  of  each  political  party  within  such 
county,  party  candidates  for  county  offices  to  be  voted  for 
aty  officers,  at  the  November  election  following.  In  every  city  of  the  state 
having  a  population  of  seventy  thousand  or  more,  there  shall 
be  nominated  at  said  August  primary  election  or  on  the  first 
Wednesday  in  March  preceding  any  April  election,  whenever 
a  city  or  county  election  in  said  city  or  county  is  held  in 
April,  by  direct  vote  of  the  enrolled  voters  of  each  political 
party  within  such  city  or  county  party  candidates  for  ward, 
city  or  county  offices.  In  any  city  in  this  state  having  a 
population  of  less  than  seventy  thousand  in  wihich  the  voters 
have  decided  in  accordance  with  the  provisions  of  this  act, 
in  favor  of  direct  nominations  of  party  candidates  for  city 
offices,  when  such  offices  are  to  be  voted  for  at  the  November 
election  following,  there  shall  be  nominated  at  the  said  pri- 
mary election  by  direct  vote  of  the  enrolled  voters  of  each 
political  party  within  such  city,  party  candidates  for  city 
where  offices  offices.  In  those  instances  in  which  the  duties  of  two  offices 
combined.  are  combined,  all  nomination  petitions  shall  include  and  name 
the  two  offices. 

Am.   Id. 

See   Dykstra   v.    Holden,    151/289. 


Delegates  to 

county 

convention. 


Apportion- 
ment of. 


Name  not  to 
be  printed. 


(627)  SEC.  18.  There  shall  also  be  elected  at  the  August 
primary,  by  direct  vote  of  the  enrolled  voters  of  each  politi- 
cal party  in  said  county,  as  many  delegates  in  each  township, 
ward  or  precinct,  as  the  case  may  be,  as  such  political  party 
in  such  township,  ward  or  precinct  shall  be  entitled  to  by  the 
call  issued  by  the  county  committee  of  such  political  party 
for  the  county  convention  thereafter  to  be  held  by  such  politi- 
cal party  within  said  county  in  that  year  for  the  purpose  of 
electing  delegates  to  the  state  convention  called  for  the  pur- 
pose of  nominating  candidates  for  state  offilces,  to  be  voted  for 
at  the  November  election.  In  case  of  any  vacancy  in  any 
delegation  from  any  election  precinct,  township  or  ward,  to 
the  county  convention,  such  vacancy  shall  be  filled  by  the  dele- 
gates present  from  the  ward  or  township  in  which  the  vacancy 
occurs.  The  state  central  committee  of  each  political  party 
shall,  at  least  thirty  days  before  the  August  primary  herein 
provided  for,  certify  to  the  board  of  election  commissioners 
of  each  county  and  to  the  chairman  of  the  county  committee 
of  such  party,  the  number  of  delegates  to  Which  suclucounty 
shall  be  entitled  in  the  state  convention  of  such  party,  and 
the  said  state  central  committee  shall  apportion  such  dele- 
gates to  the  several  counties  in  proportion  and  according  to 
the  number  of  votes  cast  for  the  candidates  of  such  party 
for  secretary  of  state  in  each  of  said  counties  respectively 
at  the  last  preceding  November  election.  The  name  of  any 
candidate  for  delegate  to  the  county  convention  shall  not  be 
printed  upon  the  official  primary  election  ballot,  but  one  or 
more  of  such  names  may  be  placed  on  such  ballot  by  printed 


LAWS   RELATING   TO    ELECTIONS.  209 

slips  pasted  thereon   by   the  voter.     The   county  committee  selection  by 
shall  in  its  call  indicate  whether  delegates  are  to  be  selected  Precincts« etc- 
by  precincts  or  by  wards.     In  cities  in  which  there  are  no 
wards  the  delegates  to  which  such  cities  are  entitled  shall  be 
elected  from  the  entire  city.    The  chairman  of  the  township, 
ward  or  city  committee  as  the  cas*e  may  be,  shall  notify  by 
mail  each  person  elected  as  a  delegate  to  the  county  conven- 
tion :     Provided,  That  when  a  primary  election  is  not  held  Proviso, 
prior  to  the  spring  election  delegates  to  the  county  convention  convention- 
shall  be  selected  in  a  convention. 

Am.  Id. 

(628)  SEC.  19.  It  shall  be  the  duty  of  the  board  of  elec-  Ballots,  who 
tion  commissioners  of  each  county  in  this  state  to  prepare  and  etcprepare> 
furnish  the  necessary  official  primary  election  ballots  except 
for  city  offices  which  may  be  required  for  use  by  any  political 
party  at  the  August  primary.  Such  ballots  shall  contain 
the  name  of  the  political  party  for  which  they  are  used,  the 
voting  precinct,  city  or  township  and  county  and  the  instruc- 
tions as  to  the  method  of  voting.  Said  ballots  shall  be  printed  Colors, 
on  different  colored  paper  for  each  political  party,  but  no 
party  ballot  shall  be  printed  on  yellow  paper.  Ballots  for 
the  Republican  party  shall  be  printed  in  black  ink  upon  a 
good  quality  of  white  paper.  Ballots  for  the  -Democratic 
party  shall  be  printed  in  black  ink  upon  a  good  quality  of 
blue  paper.  Ballots  for  the  Prohibition  party  shall  be  printed 
in  black  ink  upon  a  good  quality  of  red  paper,  and  if  there 
are  other  political  parties,  the  board  of  election  commission- 
ers shall  print  ballots  therefor  in  black  ink  upon  a  good  qual- 
ity of  a  different  colored  paper  from  that  as .  above  desig- 
nated. Ballots  other  than  those  furnished  by  the  board  of 
election  commissioners,  according  to  the  provisions  of  this 
act,  shall  not  be  used,  cast  or  counted  in  any  election  precinct, 
at  any  such  primary  election.  The  size  of  all  official  ballots 
shall  be  such  as  the  said  board  of  election  commissioners  shall 
prescribe.  It  shall  not  be  lawful  for  the  printer  of  such  printing, 
ballots  or  any  other  person  to  give,  or  deliver  to,  or  know-  andvery 
ingly  permit  to  be  taken,  any  of  said  ballots  by  any  person  correctness. 
other  than  the  board  of  election  commissioners  for  which 
such  ballots  are  being  printed,  or  to  print  or  cause  or  permit 
to  be  printed  any  ballot  in  any  other  form  than  the  one  pre- 
scribed by  this  act,  or  with  any  other  name  thereon,  or  with 
the  names  misspelled,  or  the  names  or  devices  thereon  ar- 
ranged in  any  other  way  than*that  authorized  and  directed 
by  the  said  board  of  election  commissioners :  Provided,  That  pro\iso, 
it  shall  and  nxay  be  lawful  for  the  chairmen  of  committees, 
and  candidates  named  on  the  official  ballot  to  procure  any 
number  of  facsimiles  of  the  ticket  to  be  printed  on  yellow 
paper  and  to  circulate  the  same  for  the  purpose  of  the  instruc- 
tion of  voters;  and  said  colored  ballot  to  have  printed  at  the 
head  the  words  ''Instruction  Primary  Ballot" :  Provided 
further,  That  blank  ballots  shall  be  prepared  for  the  use  &ank  baiiots. 
27 


210 


STATE    OF   MICHIGAN. 


of  the  voters  of  any  political  party  or  organization  which 
had  a  ticket  in  the  field  at  the  last  preceding  November 
or  spring  election,  regardless  of  whether  any  candidate  of  any 
such  political  party  or  organization  has  filed  nomination 
petitions. 

Am.  Id. 

See  Line  v.  Bd.  of  Election  Com'rs,  154  /  329. 


Names  in- 
cluded on 
ballot. 


County 
chairman, 
duty  of. 


Election 
commis- 
sioners, 
duty  of. 


Separate 
ballot. 


(629)  SEC.  20.    The  said  ballots  so  prepared  by  the  board 
of  election  commissioners  in  each  county  shall  include  the 
names  of  all  candidates  for  the  particular  political  party  for 
the    offices    of    governor,    lieutenant    governor    and    United 
States  senator,  and  shall  include  the  names  of  all  candidates 
for  district  offices,  and  in  each  county  the  names  of  all  can- 
didates for  county  offices.    No  candidate  shall  have  his  name 
printed   upon   any   official   primary   election   ballot   of   any 
political  party  in  any  voting  precinct  in  this  state,  unless  he 
shall  file  nomination  petitions  according  to  the  provisions  of 
this  act  and  all  other  requirements  of  this  act  have  been 
complied  with  in  his  behalf.    The  said  ballots  shall  also  con- 
tain as  many  lines  as  there  are  delegates  to  be  elected  to  the 
county  convention  by  the  particular  political  party.     Such 
lines,  upon  which  may  be  placed  the  names  of  proposed  dele- 
gates to  the  county  convention,  shall  be    printed  under  the 
title  "Delegates  to  county  conventions"  and  no  ballot  for  a 
delegate  to  a  county  convention  of  any  political  party  shall  be 
counted  unless  prepared  and  voted  under  authority  of  this 
act. 

Am.  Id. 

(630)  SEC.  21.    The  chairman  of  the  county  committee  of 
each  political  party  shall  certify  to  the  board  of  election 
commissioners  at  least  twenty-five  days  before  the  holding  of 
such  primary  election,  the  number  of  delegates  to  which  each 
election  district  of  said  county  will  be  entitled  at  the  county 
convention  of  said  political  party  to  be  held  in  said  county  in 
said  year  for  the  purpose  of  electing  delegates  to  a  state  con- 
vention called  for  the  purpose  of  nominating  party  candi- 
dates for  state  offices.    It  shall  be  the  duty  of  the  board  of 
election  commissioners  of  any  city  having  a  population  of 
seventy  thousand  or  more,  or  of  any  city  having  a  population 
of  less  than  seventy  thousand,  in    which    the    voters    have 
adopted  the  provisions  of  this  act,  to  prepare  the  necessary 
election  ballots  for  use  of  the  enrolled  voters  of  such  city. 
The  said  city  board  of  election  commissioners  shall  be  gov- 
erned by  the  same  rules  as  are  prescribed  for  the  prepara- 
tion of  ballots  by  the  board  of  election  commissioners  of  the 
county.     The  ballots  so  prepared  by  the  board  of  election 
commissioners  of  any  city  shall  be  separate  from  any  other 
ballot. 


Am.    Id. 


LAWS   RELATING   TO    ELECTIONS.  211 

(631)  SEC.  22.     The  number  of  ballots  to  be  printed  for  Ballots, 
the  use  of  a  political  party  at  a  primary  election  in  any  elec- 

tion  precinct  shall  be  at  least  fifty  per  centum  more  than  the 
total  number  of  votes  cast    therein  at  the  last  preceding  elec- 
tion by  such  political  party  for  secretary  of  state:    Provided,  proviso, 
That  the  number  of  official  primary  election  ballots  which  new  Party- 
shall  be  prepared  for  any  new  party  shall  be  such  number 
as  the  chairman  and  secretary  of  the  city,  county,  district 
or  state  committee  of  such  new  party  shall  certify  to  the 
respective  boards  of  election  commissioners  shall  be  neces- 
sary for  use  at    said    primary  election :     Provided    further,  Further 
That  unless  ballots  are  required  for  new  parties  in  the  man-  pro 
ner  herein  provided,  it  shall  be  unnecessary  for  any  board  of 
election  commissioners  to  prepare  ballots  for  any  such  new 
political  party  even  though    there   may   be   candidates   who 
have  filed  nomination  petitions.    The  official  primary  election 
ballots  shall  be  on  file  at  the  office  of  the  county  clerk,  or  city 
clerk,  as  the  case  may  be,  for  public  inspection  at  least  three 
days  prior  to  distribution  for  use  at  the  primary  election. 

(632)  SEC.  23.     It  shall  be  the  duty  of  the  secretary  of  Pamphlet 
state  to  cause  to  be  printed  pamphlet  copies  of  this  act  and  foPbeSp^nated, 
to  furnish  to  the  county  clerk  of  each  county  and  to  the  city  etc- 
clerk  of  any  city  nominating  under  the  provisions  of  this  act, 

a  sufficient  number  of  copies  thereof  to  enable  said  clerks  to 
furnish  at  least  two  copies  to  each  board  of  primary  election 
inspectors  in  the  particular  city  or  county  at  the  same  time 
that  other  supplies  for  an  election  are  furnished. 

(633)  SEC.  24.    The  official  primary  election  ballots  shall 
be  prepared  in  the  following  manner :    There  shall  be  printed 
at  che  top  of  the  ballot  in  large  type  the  words  "Official  Pri- 
mary  Ballot."     Underneath  shall  be  printed  the  date  of  the 
election  at  which  the  ballot  is  to  be  used,  followed,  when  nec- 
essary, by   the  designation   of  the  political   subdivision,   as 
county,  district,  city,  ward,  etc.    Then  shall  follow,  in  bold- 
faced type,  the  name  of  the  political  party,  below  which  shall 
appear  this  instruction :     Make  a  cross  in  the  square  to  the 
left  of  as  many  names  for  each  office  as  are  indicated  under 

the  title  of  such  office.     The  ballots  for  such  election  dis-  Numbering. 
trict  shall  be  numbered  consecutively,  as  provided  for  the 
numbering  of  ballots  by  the  general  election  law.    All  names  Names,  how 
of  candidates  of  each  political  party  shall  be  printed  on  a  pl 
separate  ballot,  and  said  ballot  shall  be  in  one  or  more  col- 
umns, as  may  be  determined  by  the  election  commissioners 
in  making  up  the  same.    The  order  of  the  offices  on  the  ballot 
shall  be  the  same,  as  far  as  may  be,  as  is  required  by  law  in 
making  up  the  ballot  for  a  general  election.    The  title  of  the 
office  shall  be  immediately  above  the  names  of  the  candidate 
or  candidates  for  such  office,  and  under  such  title  the  words 
"Vote  for,"  followed  by  the  word  "one,"  "two,"  or  a  word 
designating  the  number  of  candidates  under  that  head  to  be 
voted  for.     The  names  of  the  different  candidates  shall  be 
separated  from  each  other  by  a  light  faced  rule,  with  a  square 


212 


STATE    OF    MICHIGAN. 


Printing'of 
names, 
alternating 
of,  etc. 


at  the  left  of  the  names,  and  the  spaces  devoted  to  the  several 
offices  shall  be  separated  by  a  black  faced  rule  so  as  to  sepa- 
rate each,  office  division  clearly.  If  two  or  more  columns 
are  used  on  a  ballot,  the  columns  shall  be  separated  by  a 
black  line  one-sixth  of  an  inch  wide.  The  names  under  head- 
ing designating  each  official  position  shall  be  alternated  on 
the  ballots  of  each  party  caisting  at  least  five  per  centum  of 
the  vote  cast  in  the  county  or  political  subdivision  at  the 
preceding  November  election,  and  printed  in  the  following 
manner : 

First,  The  forms  shall  be  set  up  with  the  names  of  such 
candidates  arranged  alphabetically,  in  order  according  to 
surnames.  In  printing  each  set  of  tickets  for  the  several  elec- 
tion precincts,  the  positions  of  the  names  shall  be  changed 
in  each  office  division,  as  many  times  as  there  are  candidates 
in  the  office  division  in  which  there  are  the  most  names.  As 
nearly  as  possible  an  equal  number  of  tickets  shall  be  printed 
after  each  change.  In  making  the  changes  of  position,  the 
printers  shall  take  the  line  of  type  at  the  head  of  each  office 
division  and  place  it  at  the  bottom  of  the  division,  and  shove 
up  the  column  so  that  the  name  that  before  was  second  shall 
be  first  after  the  change.  After  the  ballots  are  printed,  and 
before  being  trimmed,  they  shall  be  kept  in  separate  piles, 
the  one  pile  for  each  change  of  position,  and  shall  then  be 
piled  by  taking  one  from  each  pile  and  placing  it  upon  the 
pile  to  be  trimmed,  the  intention  being  that  every  alternate 
ballot  in  such  pile  shall  have  the  names  in  a  different  posi- 
tion. After  the  pile  is  made  in  this  manner,  the  ballots,  shall 
be  numbered  consecutively  on  the  upper  right  hand  corner 
upon  the  front  of  the  ballot,  with  a  perforated  line  across 
said  corner,  underneath  the  same  number,  so  that  the  corner 
with  the  number  can  be  torn  off.  After  that  the  ballots  shall 
be  trimmed  and  done  up  in  seal  [sealed]  packages  and  dis- 
tributed for  use  at  the  primary  election  the  same  as  is  re- 
quired by  law  for  the  distribution  of  ballots  at  the  general 
election.  The  ballots  shall  be  prepared  in  substantially  the 
following  form : 


How  num- 
bered, etc. 


Form. 


LAWS   RELATING   TO    ELECTIONS. 


213 


No. 


OFFICIAL  PRIMARY  BALLOT. 

Primary  Election  

Party. 

Make  a  cross  in  the  square  [x]  in  front  of  as  many  names  for  each 
office  as  is  indicated  under  the  title  of  such  office. 


NATIONAL. 

Representatives   in    State   Legisla- 

United States  Senator. 
Vote  for  one. 

ture.    District. 
Vote  for  one. 

n/"\TTi7"i7ixr  "n/vr  A  ~\r 

n  JAMES  H.  FLYNN. 

OWH/-M  JJULAJN. 

1  I 

nT?~T&T7ir  A  "RTk    riT~R~RnXTQ! 

D  GEORGE  J.  GLASIER. 

JbJJWAxvJJ  brlr>15UJN  fe. 

nT>Tr>TT  *  T»  yv    TTTT^  TTT^Q 

PI  FRANK  H.  RILEY. 

xvlOrlAKJJ  JiLUljrxlJl/fe. 

'  — 

cm  ATT? 

COUNTY. 

>0  JL^A.J.A1/. 

Judge  of  Probate. 

Governor. 

Vote  for  one. 

Vote  for  one. 

[j  FRANK  CAMPBELL. 

Q]  RICHARD  ROE. 

Q  CHARLES  SCULLEN. 

Q  JOHN  ROSWELL. 

Q  HENRY  J.  WILKINSON. 

Q]  EDWARD  H.  SMITH. 

Circuit  Court  Commissioners. 

CONGRESSIONAL. 

Vote  for  two. 

D/~ir  TTT'T^f~\T>~r\    TJTGTT/\T> 

Representative  in  Congress.    District 

OLiJb  r  01x1)   JaltoidUJr. 

Vote  for  one. 

Q  CLIFFORD  CROSTIC. 

Q]  WILLIAM  DUNNING. 

Q  HENRY  ROACH. 

Q  JAMES  MARA. 

Q  HARRY  SELSBEE. 

Q  THOMAS  J.  WAGNER, 

Q  ORR  C.  TRASK. 

LEGISLATIVE. 

Q  CHARLES  WHITE. 

State  Senator.     District. 

Delegates  to  county  convention. 
Vote  for  

Vote  for  one 

Q  WILLIAM  BROWN. 

Q  CASPER  DUNN. 

r~|  MICHAEL  J.  MURRAY. 

214 


STATE    OF   MICHIGAN. 


Signatures 
required 
for  certain 
officers. 


District 
officers. 


Proviso. 


County 
officers. 


(634)  SEC.  25.    To  obtain  the  printing  of  the  name  of  any 
candidate  of  any  political  party  for  United  States  senator  or 
for  governor  or  lieutenant  governor  upon  the  official  ballots 
of  such  political  party  for  any  primary  election  held  in  this 
state,  pursuant  to  the  provisions  of  this  act,  there  shall  be 
filed  with  the  secretary  of  state  nomination  petitions,  signed 
by  a  number  of  enrolled  voters  residing  in  the  state  and 
who  are  enrolled  in  the  party  enrollment  of  said  party,  equal 
to  not  less  than  two  per  centum  nor  more  than  four  per 
centum  of  the  number  of  votes  that  such  party  cast  for  secre- 
tary of  state  at  the  last  preceding  November  election. 

(635)  SEC.  26.    To  obtain  the  printing  of  the  name  of  any 
candidate  of  any  political  party  for  any  district  office  upon 
the  primary  election  ballots  of  such  political  party  in  the 
various  voting  precincts  of  the  district  when  such  district  is 
comprised  of  one  county  or  less,  there  shall  be  filed  with  the 
county  clerk  of  such  county,  nomination  petitions,  signed  by 
a  number  of  enrolled  voters  who  are  enrolled  in  the  party 
enrollment  of  said  party  in  said  district  for  secretary  of  state 
at  the  last   preceding  November   election   and   in   the   case 
of    a    district    office,    in    a    district   comprising    more    than 
one  county,  to  obtain  the  printing  of  the  name  of  any  candi- 
date of  any  political  party  upon  the  primary  election  bal- 
lots of  such  political  party  in  the  various  voting  precincts 
of  said   district,  there  shall  be  filed  with  the  secretary  of 
state,   nomination   petitions,  signed    by    a    number    of    the 
enrolled  voters  residing  in  such  district  and  who  are  enrolled 
in  the  party  enrollment  of  said  party,  equal  to  not  less  than 
two  per  centum  nor  more  than  four  per  centum  of  the  num- 
ber of  votes  that  the  party  cast  therein  for  secretary  of  state 
at  the  last  preceding  November  election:     Provided,   That 
when  there  are  two  or  more  candidates  for  representative  in 
the  state  legislature  to  be  nominated  by  each  political  party 
in   a   single   representative   district,   to   obtain   the  printing 
of  the  name  of  any  candidate  of  any  political  party  upon 
the  primary  election  ballots  of  such   political   party  in   the 
various  voting  precincts  of  such  district,  there  shall  be  filed 
with  the  county  clerk  of  the  county  of  which  such  district 
forms  a  part,  nomination  petitions  signed  by  a  number  of 
enrolled  voters  residing  in  such  district  and  who  are  enrolled 
in  the  party  enrollment  of  said  party,  equal  to  not  less  than 
one  per  centum  nor  more  'than  four  per  centum  of  the  number 
of  votes  that  the  party  cast  in  such  district  for  secretary 
of  state  at  the  last  preceding  November  election,  divided  by 
the   number    of    representatives    to   which    such    district   is 
entitled  in  the  state  legislature. 

(636)  SEC.  27.    To  obtain  the  printing  of  the  name  of  any 
candidate  of  any  political  party  for  a  county  office  upon  the 
official    primary     election     ballots    of    such    political    party 
in  the  various  voting  precincts  of  a  county,  there  shall  be 
filed  with  the  county  clerk  of  said  county  nomination  petitions 
signed  by  a  number  of  enrolled  voters,  who  are  enrolled  in 


LAWS   RELATING   TO    ELECTIONS.  215 

the  party  enrollment  of  said  party  and  who  reside  in  the 
county,  equal  to  not  less  than  two  per  centum  nor  more  than 
four  per  centum  of  the  number  of  votes  that  such  political 
party  cast  in  such  county  for  secretary  of  state  at  the  last  pre- 
ceding November  election.  To  obtain  the  printing  of  the  aty  officers, 
name  of  any  candidate  of  any  political  party  for  a  city  office 
including  all  ward  offices  on  the  official  primary  election 
ballots  for  use  in  such  city,  there  shall  be  filed  with  the 
city  clerk  of  such  city  such  nomination  petitions  signed  by 
a  number  of  enrolled  voters  of  such  political  party  and  who 
reside  in  such  city,  equal  to  not  less  than  two  per  centum 
nor  more  than  four  per  centum  of  the^number  of  votes  that 
such  political  party  cast  therein  for  secretary  of  state  at  the 
last  preceding  November  election.  All  said  nomination  pe-  Petitions, 
titions  may  be  signed  by  enrolled  voters  of  the  particular  JgS. may 
political  party  residing  in  any  part  of  a  ward  for  a  ward  office, 
in  any  part  of  a  city  for  a  general  city  office,  or  any  part  of  a 
county  for  a  county  office,  or  any  part  of  a  district  for  a  dis- 
trict office,  or  any  part  of  the  istate  for  a  state  office :  Pro-  Proviso, 
vided,  That  in  cities  or  counties  of  two  hundred  fifty  thou-  Bo 
sand  population  or  more,  in  lieu  of  the  above  petition,  a  pe- 
tition therefor,  signed  by  the  candidate,  which  shall  state  the 
name  of  the  candidate,  his  residence,  street,  house  number 
and  the  political  party  of  which  he  is  a  member  and  the 
offi'ce  sought,  shall  be  filed  with  the  clerk  of  the  county  or 
city  where  said  candidate  resides,  as  herein  provided.  Such 
candidate  shall  at  the  time  pay  to  the  clerk  of  the  city  or 
county,  as  the  case  may  be,  a  <sum  of  money  equal  to  one- 
half  of  one  per  centum  of  the  salary  and  fees  of  the  preceding 
year  of  such  office,  the  amount  thereof  to  be  ascertained  or 
estimated  as  nearly  as  may  be  by  such  clerk;  and  upon  com- 
plying with  the  above  provisions  such  candidate's  name  shall 
be  printed  upon  the  primary  ballot,  if  otherwise  qualified. 

Am.   1911,  Act  279. 

(637)  SEC.  28.  To  obtain  the  printing  of  the  name  of  any  New  political 
candidate  of  a  new  political  party  for  United  States  senator,  Parties- 
governor  or  lieutenant  governor  on  the  official  primary  elec- 
tion ballot  of  such  new  political  party  in  the  various  voting 
precincts  of  this  state,  nomination  petitions  signed  by  at  least 
three  hundred  qualified  voters  residing  in  the  state,  shall  be 
filed  with  the  secretary  of  state.  To  obtain  the  printing  of 
the  name  of  any  candidate  of  a  new  political  party  for  a 
district,  county  or  city  office,  on  the  official  primary  election 
ballots  of  such  new  political  party  in  the  various  voting 
precincts  of  such  district,  county  or  city,  as  the  case  may  be, 
such  candidate  shall  file  nomination  petitions  with  the  secre- 
tary of  state,  county  clerk  or  city  clerk,  as  the  case  may  be, 
signed  by  at  least  twenty-five  qualified  electors  residing  in 
such  district,  county  or  city :  Provided,  That  any  qualified  Proviso, 
elector,  enrolled  or' not  enrolled  at  all,  but  who  resides  in 
the  particular  district,  county  or  city,  as  the  case  may  be, 


216 


STATE    OF    MICHIGAN. 


may  sign  the   nomination   petitions   of  any    candidate  repre- 

Further  senting  a  new  political  party:     Provided  further,  That  any 

ro8ment.re~(  *~  enrolled  voter  may  re-enroll  on  any  primary  election  day  as  a 

member  of  a  new  political  party  and  all  qualified  electors  not 

enrolled  with  any  political   party   may  be  enrolled  on   any 

primary  election  day  as  a  member  of  a  new  political  party. 

Am.    Id. 


Nomination 
petitions, 
form  of. 


(638)  SEC.  29.  All  nomination  petitions  shall  be  in  the 
following  form : 

We,  the  undersigned,  enrolled  voters  (or  if  a  new  party, 

qualified  electors)  of  ihe party  of  the 

city  of ,  or  the  township  of 

in  the  county  of and  state  of  Michigan, 

hereby  nominate ,  who  resides 

at  No street,  city  of  ,  or 

in  the  township  of ,  in  the  county  of 

,  as  a  candidate  of  the party 

for  the  office  of ,  to  be  voted  for  at  the  pri- 
mary election  to  be  held  on  the day  of 

,  as  representing  the  principles  of  said 

party,  and  we  further  declare  that  we  intend  to  support  the 
political  party  named  herein. 


Name.        Residence. 


Street  number  (in  cities  having  street  Nos.) 
Date  of  signing. 


Electors 
not  to  sign 
more  than 
one  petition. 


Blank 
forms. 


Public  in- 
spection of 
petitions. 


(639)  SEC.  30.  It  shall  be  unlawful  for  any  enrolled  voter 
to  sign  more  than  one  such  nominating  petition  for  the  same 
office  except  where  there  are  two  or  three  candidates  to  be 
nominated  for  the  same  office,  when  he  may  sign  as  many 
petitions  as  there  are  persons  to  be  elected  to  such  office. 
The  same  rule  shall  apply  to  qualified  electors  in  the  sign- 
ing of  petitions  of  candidates  of  a  new  political  party.  It 
shall  be  unlawful  for  any  candidate  to  wilfully  and  inten- 
tionally procure  more  names  upon  nomination  petitions  than 
the  maximum  number  prescribed  in  this  act.  The  various 
county  clerks  and  city  clerks  shall  prepare  and  keep  on  hand 
blank  forms  of  nomination  petitions  for  the  use  of  the  voters 
and  candidates  in  said  city  or  county.  Nothing  herein  con- 
tained shall  be  construed  to  prohibit  any  candidate  from 
having  his  own  nomination  petitions  printed,  but  they  must 
comply  substantially  with  the  above  form.  All  such  nomina- 
tion petitions  shall  be  open  to  public  inspection  and  subject 
to  examination  after  being  filed  in  the  office  of  secretary  of 
state,  county  clerk,  or  city  clerk,  in  accordance  with  such 
reasonable  rules  and  regulations  as  may  be  prescribed  by 
such  officers.  The  various  offices  named  herein  shall  keep  a 
public  record  of  the  nomination  petitions  filed  in  a  book  for 
that  purpose,  which  record  shall  indicate  the  names  of  the 


LAWS    RELATING    TO    ELECTIONS.  217 

candidates,  the  offices  sought.,  and  the  dates  when  such  nomi- 
nation petitions  were  filed. 

(640)  SEC.   31.     The  secretary  of  state  and   the  various 
county  clerks  and  the  city  clerks  of  cities  in  which  city  offi- 
cers are  to  be  elected  at  the  November  election  shall  receive 
nomination  petitions  filed  in  accordance  with  the  provisions 
of  this  act  up  to  four  o'clock,  standard  time,  in  the  after- 
noon of  the  thirty-first  day  before  the  August  primary,  and  in 
counties,  districts  and  cities  where  district  and  local  officers 
are  elected  at  a  time  other  than  the  November  election,  the 
county  and  city  clerk  thereof  or  the  secretary  of  state  shall 
receive   nomination    petitions   filed    in    accordance   with   the 
provisions  of  this  act  up  to  four  o'clock,  standard  time,  in 
the  afternoon  of  the  twenty-first  day  before  the  time  desig- 
nated for  holding  a  primary  election  in  such  district,  county 

or  city.    The  secretary  of  state,  or  county  or  city  clerk  shall  candidates, 
forthwith   prepare   and   publicly   expose  in   his   office  a  list m 
of  the  candidates  for  offices  named  in  the  nomination  peti- 
tions filed  in  his  office,  as  near  as  may  be,  as  they  will  appear 
upon  the  official  primary  election  ballots :     Provided,  That  if  Proviso, 
any   nomination   petitions  contain   more  than  the  necessary 
percentage  of  names  hereinbefore  referred  to,  the  excess  over 
and  above  the  necessary  four  per  centum  shall  not  be  consid- 
ered nor  counted.     The  said  secretary  of  state,  or  county  or  certification, 
city  clerk,  shall  forthwith,  after  the  last  day  named  herein 
for  receiving  and  filing  nomination  petitions,  certify  to  the 
proper  board  or  boards  of  election  commissioners  in  such  city, 
county,  district  or  in  the  state    and    to    the    proper  county 
clerk,  the  names  and  postoffice  addresses  of  all  party  candi- 
dates wvhose    petitions    meet    the    requirements    of  this  act, 
together  with  the  name  of  the  political  party  and  the  office 
for  which  they  are  candidates.    In  case  it  is  determined  that  Deficient 
the  nomination    petitions    of  any  candidate  do  not  comply  p 
with  the  requirements  of  this  act,  or  if  for  any  other  cause 
such  candidate  is  not  entitled  to  have  his  name  printed  upon 
the  official  primary  election  ballots,  it  shall  be  the  duty  of 
the  secretary  of  state  or  county  or  city  clerk  to  immediately 
notify  such  candidate  of  such  fact,  together  with  a  statement 
of  the  reasons  why  his  name  was  not  certified  to  the  respec- 
tive boards  of  election  commissioners. 

Am.    1911,    Act    279. 

(641)  SEC.  32.    All  primary  elections  for  the  nomination  primary 
of  party  candidates  for  office  'shall  be  held  by  election  pre-  howffi, 
cincts  the  same  as  general  elections  are  held,  and  the  polls  etc- 
thereof  shall  be  kept  open  in  the  respective  precincts  for  the 

same  length  of  time :     Provided,    That    in    any  city  of  five  proviso, 
thousand  population  or  over,  the  polls  of  the  primary  election  c< 
shall  be  kept  open  until  eight  o'clock  p.  m.  standard  time, 
and  in  cities  having  a  population  of  two  hundred  thousand 
or  more,  the  polls  shall  be  kept  open  until  ten  o'clock  p.  m., 


218 


STATE    OF    MICHIGAN. 


Further 
proviso. 


Election 
inspectors. 


Election 
supplies. 


Provisions 
applicable. 


Proviso, 
number  of 
inspectors 
may  be 
reduced. 


standard  time:  Provided  further,  That  the  township  board 
of  any  township  or  the  common  council  of  any  city  of  less 
than  five  thousand  population  may  direct  that  the  polls  be 
held  open  until  eight  o'clock  p.  m.,  standard  time. 

(642)  SEC.  33.  Each  primary  election  shall  be  presided 
over  by  a  board  of  primary  election  inspectors,  which  board 
shall  be  composed  of  the  members  of  the  board  of  election 
inspectors  provided  for  under  the  general  election  law.  The 
official  primary  election  ballots  herein  provided  for,  together 
with  the  necessary  pencils,  tally  sheets,  etc.,  necessary  to 
carry  on  any  election,  shall  be  delivered  by  the  board  of 
county  election  commissioners  to  the  county  clerk,  and  by 
the  county  clerk  delivered  to  the  member  of  the  board  of 
primary  election  inspectors  of  each  ward,  township  or  voting 
precinct  in  the  county  prior  to  any  election  or  any  primary 
election  day.  The  provisions  of  the  general  election  law  rela- 
tive to  the  furnishing  of  ballots,  tally  sheets,  pencils,  ballot 
boxes,  arrangement  of  booths,  initialing  of  ballots,  powers 
and  duties  of  inspectors,  manner  of  conducting  the  election, 
and  all  other  matters  shall  lie  applicable  hereto  except  in- 
sofar as  the  provisions  thereof  may  be  inconsistent  herewith : 
Provided,  however,  That  the  number  of  persons  constituting 
a  board  of  primary  election  inspectors  and  the  gate  keepers 
may  in  the  discretion  of  the  township  board  or  common  coun- 
cil be  reduced  to  such  a  number  as  may  be  actually  necessary 
to  properly  perform  the  duties  thereof. 

Am.   1911,   Act  279. 


Ballpt 

furnished 

elector. 


To  state 
ballot  de- 


Who  may 
challenge. 


Oath. 


Form  of. 


(643)  SEC.  34.  After  the  polls  are  open  at  a  primary 
election,  any  elector  who  is  legally  qualified  and  enrolled  as 
hereinbefore  provided,  shall,  before  entering  the  booth,  be 
furnished  a  ballot  of  the  political  party  with  which  he  is 
enrolled,  and  no  other.  It  shall  be  incumbent  upon  him  to 
state  to  the  inspector  who  has  the  ballots  in  charge,  the  party 
ballot  he  desires,  which,  if  he  is  enrolled  as  a  member  of  the 
party  represented  by  said  ballot,  and  if  his  right  thereto  is 
not  challenged,  shall  be  delivered  to  him  forthwith.  It  shall 
be  competent  for  any  enrolled  voter  or  primary  election  in- 
spector present  to  challenge  the  right  of  any  one  offering  to 
vote,  on  the  ground  that  he  is  not  a  legal  voter  in  that  pre- 
cinct, or  that  he  belongs  to  a  political  party  other  than  that 
represented  by  the  ballot  for  which  he  has  asked.  When  the 
right  of  any  enrolled  voter  to  a  ballot  is  challenged  he  shall 
be  required  to  take  and  subscribe  an  oath  that  he  is  a  quali- 
fied enrolled  voter  and  has  the  qualifications  of  a  voter  and 
that  he  believes  in  the  principles  of  the  political  party  repre- 
sented by  the  ballot  for  which  he  has  asked.  Such  oath  shall 
be  in  the  following  form: 

I  hereby  solemnly  swear  (or  affirm)  that  I  am  a  resident 
and  qualified  elector,  and  possess  the  qualifications  of  a  legal 

voter,  and  that  I  am  enrolled  as  a  member  of  the 

party,  in  the  township  of or  in  the 


LAWS    RELATING    TO    ELECTIONS.  219 

precinct  of  the ward  of  the  city  of 

and  that  I  believe  in  the  principles  of  the  said 

party. 

If  the  challenged  voter  takes  and  subscribes  to  the  above  when  may 
oath  he  shall  then  receive  the  ballot  for  which  he  has  asked  v' 
and  be  entitled  to  vote  it,  the  same  as  if  his  vote  had  not 
been  challenged ;  but  unless  a  challenged  voter  takes;  and  sub- 
scribes to  the  above  oath,  he  shall  not  be  permitted  to  vote 
at  such  primary  election.     If  any  person  who  takes  the  fore-  Perjury. 
going  oath,  swears  falsely,  he  shall  upon  conviction  thereof, 
be  subject  to  all  the   pains   and   penalties  of  perjury.     The  Provisions 
provisions  of  section  three  thousand  five  hundred  twenty-two  appUc 
of  the  compiled  laws  of  eighteen  hundred  ninety-seven  are 
expressly  made  applicable  hereto.     A  record  shall  be  kept  Record, 
of  any  primary  ballot  cast  by  any  voter  whose  right  to  vote 
has  been  challenged,  in  a  similar  manner  to  that  provided 
in  the  general  election  law. 

(644)  SEC.  35.     The  enrolled  voter  after  having  received  Marking 
his  ballot,  shall  enter    a    booth,    and  while  there  concealed  ol 
from  view    prepare    such    ballot  by  making  a  cross  in  the 
square  at  the  left  of  the  names  of  such  candidates  as  he  may 
desire  to  vote  for,  but  in  no  case  for  more  candidates  for  any 
office  than  is  indicated  under  the  title  of  such  office.    He  may, 
however,  vote  for  any  person  whose  name  is  not  printed  on 

the  ballot  by  inserting  such  other  name  in  such  manner  as 
shall  make  it  a  substitute  for  any  name  which  is  printed 
thereon  or  where  no  candidate's  name  appears  upon  the  bal- 
lot.    He  shall  then  fold  the  ballot  so  that  the  perforated  Folding  of. 
corner  bearing  the  ballot  number  shall  be  on  the  outside,  and 
present  it  to  the  proper  inspector,  who  shall  tear  off  the  num- 
ber and  deposit  the  ballot  in  the  ballot  box.     When  an  en-  Duty  of 
rolled  voter  asks  for  a  ballot  the  inspector  shall  enter  his  inspec 
name  upon  the  poll  list,  the  name  of  the  political  party  and 
the  number  of  his  ballot,  before  the  same  is  given  to  the  voter, 
and  the  inspector  receiving  the  ballot  shall,  before  depositing 
it  in  the  box,    ascertain    by    comparison    with    the  poll  list 
whether  it  is  the  same  ballot  given  to  such  voter,  and  if  it 
is  not  the  same  ballot  he  shall  reject  it  and  such  voter  shall 
not  be  allowed  to  vote  at  such  primary  election.     If  any  when  ballot 
enrolled  voter  shall,  after  marking  his  ballot,  so  expose  it  to  e3 
any  person  as  to  reveal  the  name  of  any  candidate  voted  for 
thereon,  such  ballot  shall  be  rejected  and  such  enrolled  voter 
shall  forfeit  the  right  to  vote  at  isuch  primary  election,  and 
a  brief  minute  of  such  occurrence  shall  be  made  in  the  enroll- 
ment book  and  upon  the  poll  list  opposite  the  name  of  such 
enrolled  voter.     Challengers  appointed  by  the  several  politi-  challengers. 
cal  parties  shall  be  allowed    to  be  present  with    the    same 
powers  as  are  provided  by  law  for  general  elections. 

(645)  SBC.  36.    After  the  closing  of  the  polls  on  the  day  gp 
of  holding  any  primary  election,  the  ballots  shall  be  counted  ° 
as  provided  by  law  for  the    counting  of  the  ballots  of  any 
regular  election.     In  counting  such  ballots  only  those  candi- 


220 


STATE    OF    MICHIGAN. 


Delegates  to 
county  con- 
vention. 


How 
certified. 


Canvass, 
declaration 
of  result. 


dates  for  nomination  to  office  who  have  a  cross  made  in  the 
square  at  the  left  of  their  names  shall  be  deemed  to  have  been 
voted  for,  and  any  ballot  upon  which  more  candidates  for  any 
office  have  been  voted  for  than  may,  by  law,  be  elected  to  such 
office,  shall  be  rejected  as  to  all  names  appearing  for  that 
office.  The  required  number  of  electors  who  received  the 
highest  number  of  votes  for  delegates  to  the  county  conven- 
tion of  any  political  party  shall  be  declared  by  the  board 
of  primary  election  inspectors  to  be  elected.  Said  board 
shall  certify  to  the  county  clerk  the  names  of  the  electors 
so  elected  as  delegates,  naming  the  political  party  upon 
whose  ballots  such  electors  were  elected.  Said  board  shall 
also  certify  to  each  delegate  so  elected,  his  election  as  such 
delegate.  The  county  clerk  shall  certify  to  the  chairman  of 
the  county  committee  of  each  political  party  of  the  county 
the  delegates' elected  by  each  political  party  as  delegates  to 
the  county  convention. 

(646)  SEC.  37.     After  the  votes  at  any  primary  election 
in  any  election  precinct  shall  have  been  counted,  the  officials 
counting  the  same  shall  publicly  declare  the  result,  and  forth- 
with make  and  certify  written  detailed  statements,  such  as  are 
required  by  law  for  general  elections,  except  as  hereinafter 
provided,  showing  the  whole  number  of  votes  cast  in  such  elec- 
tion precinct  for  each  candidate  voted  for  on  each  party  bal- 
lot, and  shall  certify,  subscribe  and  seal  in  a  separate  envelope 
such  statements  and  one  of  the  tally  sheets,  and  write  thereon 
the  name  and  number  of  the  election  precinct,  if  any,  and 
deliver  such  statements  and  tally  sheets  to  such  persons  and 
at  such  times  as  are  required  by  law  for  general  elections.  As 
soon  as  they  have  completed  the  counting  of  the  votes  of  their 
respective  precincts  they  shall   return  all  the  ballots  voted 
to  the  ballot  boxes,  and  all  books,  unused  ballots,  supplies, 
lists  and  subscribed  oaths  shall  be  safeguarded  and  returned, 
as  near  as  may  be,  in  the  manner  provided  for  by  law  govern- 
ing general  elections :     Provided,  That  no  candidate  for  any 
city,  county,  district  or  state  office  shall  be  deemed  nominated 
and  no  certificate  of  nomination  shall  be  given  to  any  person 
whose  political  party  with  which  he  is  enrolled  casts  at  such 
primary  election  less  than  fifteen  per  centum  of  the  vote  cast 
by  such  political  party  for  secretary  of  state  at  the  last  pre- 
ceding biennial  or  November  election ;  and  in  such  case  such 
political  party  shall  not  be  entitled  to  have  the  names  of  any 
candidates  printed  upon  the  official  election  ballot. 

Am.   1911,   Act  279. 

(647)  SEC.  38.    The  returns  of  said  primary  election  shall 
be  canvassed  and  the  results  declared  in  the  same  manner 
and  within  the  same  time  after  the  primary  election  and  by 
the  same  officers  as  is  provided  by  the  general  law  for  can- 
vassing the  returns  and  declaring  the  result  in  city,  county, 
district  and  state  elections,  except  that  in  the  case  of  nomi- 
nations for  United   States  senator,  governor,   or  lieutenant 


Proviso,  vote 
required  to 
nominate. 


Canvass. 


LAWS    RELATING    TO    ELECTIONS.  221 

governor,  or  officers  from  districts  comprising  more  than  one 
county,  the  county  clerks  of  each  county  affected  shall  trans- 
mit to  the  secretary  of  state,  within  ten  days  after  the  pri- 
mary election,  certified  copies  of  the  number  of  votes  received 
by  each  of  the  candidates  for  the  nomination  of  any  of  the 
said  offices.    The  secretary  of  state  shall  appoint  a  meeting  of  canvassers, 
the  board  of  state    canvassers    at   his    office    not  later  than  m 
twenty  days  after  the  primary  election,    which  date  shall  be 
certified  to  the  chairman  of  the  state  central  committee  of 
each  political  party,  for  the  purpose  of  canvassing  the  votes 
of  the  candidates  for  such  office.     The  said  board  shall  pro-  Votes,  how 
ceed  in  the  same  manner  in  canvassing  the  votes,  certifying,  Cc 
recording  and  determining  results,  etc.,  for  nomination  for 
United  States  senator  and  governor  and  lieutenant  governor 
as  is1  done  in  canvassing  the  votes  in  the  case  of  election  of 
state,  officials.     In  canvassing  the    votes    of    candidates    for 
members  of  congress,  state  senators  and  representatives  of 
the    legislature,    in    districts    composed    of    more    than    one 
county,  said  board  shall  proceed  in  like  manner  as  is  done  in 
the  canvassing  of  votes  cast  for  members  of  congress. 

(648)  SEC.  89.     The  candidate  of  each  political  party  for  who^ 
nomination  for  any  office  who  receives  the  greatest  number  nominee. 
of  votes  cast  for  candidates  for  any  such  office  as  set  forth 

in  the  returns  or  as  determined  by  the  board  of  canvassers!  on 
the  recount  by  it  of  said  ballots,  shall  be  declared  the  nominee 
of  that  political  party  for  said  office  at  the  next  ensuing 
November  election,  or  at    the   next  city    election,    or  at  the 
next  election  for  United  States  senator,  as  the  case  may  be, 
and  the  board  of  canvassers    shall    forthwith    certify    such 
nominations  to  the  respective  boards  of  election  commission- 
ers affected  thereby :     Provided,  That  in  the  case  of  a  candi-  J^^0- 
date  for  the  office  of    United    States  senator,  the  board  of  stated 
state  canvassers  shall  forthwith  certify  the  result  of  the  pri-  senator- etc- 
mary  election  to  the  secretary  of  state,  and  the  secretary  of 
state  shall  certify  said  result  to  the  next  succeeding  legis- 
lature on  the  first  day  of  the  session. 

(649)  SEC.  40.     Any  candidate  voted  for  at  any  primary  irregularities, 
election    provided    for    in    this    act,    who    conceives   himself 
aggrieved  on  account  of  fraud  or  error  by  the  board  of  pri- 
mary election  inspectors,  or  in  the  count  of  the  votes  cast, 

or  the  returns  made  by  said  board,  may,  on  or  before  the  close 
of  the  day  or  days  upon  which  the  board  of  city  or  county 
canvassers  meet,  present  to  and  file  with  the  chairman  or 
secretary  of  the  particular  board  of  the  county  or  city  in 
which  a  recount  is  asked,  a  written  or  printed  petition,  which 
shall  be  sworn  to,  and  shall  set  forth  as  near  as  may  be  the 
nature  of  the  errors  or  fraud  complained  of,  and  the  particu- 
lar township,  ward  or  precinct  in  which  the  alleged  irregu- 
larities occurred  and  ask  for  a  recount  of  the  votes  cast 
therein.  Such  petitioner  shall  at  the  same  time  deposit  with  ^JJJSS61" 
the  chairman  or  secretary  of  said  board  the  sum  of  ten  dollars  deposit. 
for  each  and  every  township  or  ward,  but  the  whole  amount 


222 


STATE    OF    MICHIGAN. 


Canvassers, 
board  of, 
when  to 
open  ballot 
boxes. 


shall  not  exceed  one  hundred  dollars  in  any  one  county,  the 
vote  of  which  he  requests  to  have  recounted  by  said  board. 
Notice  to  When  said  petition  is  filed  and  the  amount  herein  prescribed 
opponent.  js  deposited,  and  after  giving  at  least  twenty-four  hours 
written  notice  thereof  to  the  opposing  candidate  by  handing 
to  such  candidate  a  copy  of  the  petition,  or  if  such  candidate 
cannot  be  found,  by  leaving  such  .copy  at  his  place  of  resi- 
dence, with  some  person  of  suitable  age,  if  such  person  can 
be  found,  and  if  not  by  posting  it  in  some  conspicuous  place 
upon  his  last  known  place  of  residence.  It  shall  be  the  duty 
of  said  board  of  canvassers  to  investigate  the  facts  set  forth 
in  said  petition  and  to  cause  the  ballot  boxes  used  in  such 
election  in  <such  township  or  ward  to  be  brought  before  it. 
The  said  board  shall  thereupon,  in  some  public  place  where 
the  interested  candidates  and  their  counsel  may  be  present, 
if  they  so  desire,  proceed  forthwith  to  open  the  ballot  boxes 
from  such  townships  or  wards  and  to  make  a  recount  thereof 
as  to  such  candidates,  and  make  a  correct  and  complete  return 
in  writing  showing  the  full  number  of  votes  cajst  and  the 
names  of  the  candidates  and  the  number  of  votes  given  to 
each.  When  the  recount  of  each  box  is  completed  the  said 
board  shall  at  once  return  the  ballots  thereto,  carefully  lock 
and  seal  same  in  the  manner  provided  by  law  for  the  locking 
and  sealing  of  ballot  boxes,  and  deliver  the  Ballot  boxes  to  the 
officer  having  the  care  and  custody  thereof.  The  returns 
made  by  the  said  board  of  canvassers  upon  such  recount  shall 
be  deemed  to  be  correct,  anything  in  the  previous  return 
from  such  township,  ward  or  precinct,  to  the  contrary  not- 
withstanding. In  all  cases  where,  by  reason  of  such  recount 
or  recounts,  the  petitioner  succeeds  in  establishing  frauds  or 
mistakes  sufficient  that  the  total  changes  made  thereby  in 
the  territory  from  which,  he  is  to  be  nominated  shall  result 
in  his  nomination,  the  money  deposited  by  him  with  each  of 
such  boards  shall  be  refunded;  otherwise  it  shall  be  turned 
into  the  treasury  of  the  county  or  city,  as  the  case  may  be. 
If  two  or  more  candidates  of  the  same"  political  party  be  tied 
for  the  same  office,  the  tie  shall  be  determined  by  lot  to  be 
caist  then  and  there,  as  the  canvassing  board  may  direct. 

The  power  of  the  board  of  state  canvassers,  upon  a  recount,  extends  only 
to  a  recount  of  the  ballots  in  the  ballot  boxes  brought  before  them,  and 
they  have  no  power  to  compare  the  enrollment  lists  with  the  poll  lists  and 
draw  from,  the  box  as  many  ballots  as  the  comparison  shows  were  cast  by 
unenrolled  voters. — Bradley  v.  State  Canvassers,  154/274.  As  to  proceed- 
ings in  case  of  a  recount  in  a  precinct  where  voting  machines  are  used,  see 
Line  v.  Election  Canvassers,  154/330. 


Returns, 
when  deem- 
ed correct. 


Tie  vote. 


Names  printed 
on  ballot. 


Proviso, 
vacancies. 


(650)  SEC.  41.  The  several  boards  of  election  commis- 
sioners shall  cause  to  be  printed  upon  the  official  election 
ballots  to  be  used  at  the  November  or  April  election,  or  at 
the  city  election,  as  the  case  may  be,  the  names  of  the  candi- 
dates for  offices  selected  under  the  provisions  of  this  act: 
Provided,  That  when  any  candidate  shall  die  or  shall  with- 
draw as  such  candidate  before  the  printing  of  the  ballots, 
after  having  been  nominated  as  herein  provided,  the  proper 


LAWS    RELATING    TO    ELECTIONS.  223 

board  of  election  commissioners  shall  cause  to  be  printed  or 
placed  upon  such  ballot  in  place  of  the  name  of  such  candi- 
date or  to  fill  such  vacancy,  the  name  of  the  candidate  which 
shall  be  selected  by  the  proper  party  committee  as  shown  by 
the  certificate  of  its  chairman  and  secretary,  in  the  manner 
provided  for  in  the  general  election  law;  and  for  this  pur-  Committees, 
pose,  in  a  county  comprising  a  single  representative  or  sena-  stitutST." 
torial  or  congressional  district,  the  county  committee  of  each 
political  party  of  each  such  county  shall  constitute  the  repre- 
sentative or  senatorial  or  congressional  committee  of  said 
political  party  for  such  representative  or  senatorial  or  con- 
gressional district,  as  the  case  may  be;  and  in  a  county  com- 
prising more  than  one  representative  or  senatorial  or  con- 
gressional district  the  members  of  the  county  committee  of 
each  political  party,  residing  in  each  such  representative, 
senatorial  or  congressional  district  of  such  county,  shall 
constitute  a  committee  of  said  political  party  for  such  repre- 
sentative or  senatorial  or  congressional  district,  as  the  case 
may  be,  and  such  committee  shall  elect  its  chairman  and  other 
officers;  and  in  representative  or  senatorial  or  congressional 
or  judicial  districts  comprised  of  more  than  one  county,  the 
county  committee  provided  for  in  this  act,  of  each  political 
party  of  each  county  of  such  representative  or  senatorial  or 
congressional  or  judicial  district,  or  the  members  of  the 
county  committee  representing  that  portion  of  any  county 
forming  part  of  such  representative  or  senatorial  or  congres- 
sional or  judicial  district,  as  the  case  may  be,  shall  elect  one 
or  more  electors  of  said  political  party,  residing  within  the 
district  that  he  is  to  represent,  as  a  member  of  the  committee 
of  such  political  party  for  such  district :  Provided,  That  the  Proviso, 
party  nominee  or  nominees,  if  more  than  one  from  the  same  nomhiee  may 
district,  shall  have  the  privilege,  if  he  or  they  so  elect,  of 
naming  the  committee  of  the  political  party  for  the  district 
from  which  he  or  they  have  been  nominated.  Such  committee 
shall  elect  a  chairman  and  other  officers  of  which  the  chair- 
man shall  have  a  vote  on  all  questions.  The  candidates  for 
county  officers  nominated  at  each  August  primary  of  each 
political  party  shall  within  ten  days  after  the  said  primary 
election,  meet  at  a  time  and  place  to  be  fixed  by  the  then 
chairman  of  the  county  committee  and  elect  a  chairman  and 
secretary  of  the  county  committee  who  shall  hold  such  posi- 
tion for  a  period  of  two  yeans  and  until  their  successors 
are  selected.  When  such  death  or  withdrawal  shall  occur  Death  or 
subsequent  to  the  printing  of  the  official  ballots,  it  shall  be  ™ 
the  duty  of  said  board  of  election  commissioners,  if  time  per- 
mits, to  forward  the  various  election  inspectors  slips  con- 
taining the  name  of  the  candidate  entitled  to  fill  the  vacancy 
caused  by  such  death,  or  withdrawal  slips  shall  be  pasted 
in  the  proper  place  upon  the  official  ballot  by  the  board  of 
election  inspectors.  If  in  any  case  a  person  is  nominated  Nomination 
for  any  office  by  more  than  one  political  party,  it  shall  be  one^arty. ar 
his  duty  to  elect  within  five  days  after  the  official  canvass 


224 


STATE    OP    MICHIGAN. 


Proviso,  when 
vacancy  not 
filled  by 
committee. 


of  the  returns  of  said  primary  election  upon  which  ticket 
he  wishes  his  name /to  appear,  and  unless  -such  election  is 
made  such  candidate's  name  shall  not  be  printed  on  any  bal- 
lot: Provided,  That  in  case  of  the  death  or  withdrawal  of 
any  candidate  as  hereinbefore  mentioned,  or  in  case  a  can- 
didate is  nominated  for  any  office  by  more  than  one  political 
party,  and  such  vacancy  shall  not  be  filled  by  the  proper 
committee  within  five  days  from  the  time  of  its  occurrence, 
the  board  of  election  commissioners  shall  print  on  said  official 
ballot,  in  place  of  the  candidate  who  has  died,  withdrawn  or 
elected  to  have  his  name  appear  upon  another  party  ticket, 
the  name  of  the  person  who  received  the  next  highest  vote  at 
the  primary  for  that  office  on  such  party  ticket:  Provided 
further,  That  all  votes  cast  for  any  candidate  upon  the  bal- 
lots of  one  political  party,  when  such  candidate  is  enrolled 
as  a  member  of  another  party,  shall  not  be  counted;  and  it 
shall  be  unlawful  for  the  board  of  election  commissioners 
to  print  a  candidate's  name  on  the  ballots  of  more  than  one 
political  party :  Provided  further.  That  it  shall  be  unlawful 
for  any  board  of  election  commissioners  to  print  on  any 
official  election  ballot  prepared  for  the  use  of  voters  at  any 
November,  spring,  charter  or  other  election  the  name  of  any 
candidate,  unless  such  candidate  was  selected  under  authority 
of  this  act  and  this  prohibition  shall  operate  against  any 
candidate  selected  in  any  mass  convention  or  by  any  so-called 
independent  voters  at  any  caucus  or  convention.  The  can- 
didates for  county  or  city  offices,  in  cities  having  a  popula- 
tion of  less  than  seventy  thousand,  the  voters  of  which  have 
not  adopted  the  provisions  of  this  act,  shall  be  nominated 
in  convention  and  the  names  of  such  candidates  certified  to 
the  proper  board  of  election  commissioners  and  placed  upon 
the  official  ballots  in  the  manner  provided  for  by  existing 
law. 


Further 
proviso, 
votes  not 
counted. 


Further 
proviso, 
names   not  to 
be  printed  on 
ballot. 


Certain  cities 
may 

nominate  in 
convention. 


County 
conventions. 


Same  day 

throughout 

state. 


County 


Am.   1911,   Act   279. 

(651)  SEC.  42.  The  county  conventions  of  all  political 
parties  for  the  election  of  delegates  to  a  state  convention  for 
the  nomination  of  state  officers  shall  be  held  within  fifteen 
days  after  the  March  and  August  primaries.  All  such  county 
conventions  of  any  one  political  party  shall  be  held  on  the 
same  day  throughout  the  state,  which  day  shall  be  designated 
by  the  state  central  committee  of  such  political  party  in  its 
call  for  the  state  convention  to  nominate  candidates  for  state 
offices.  The  time  and  place  of  meeting  of  such  county  con- 
vention shall  be  designated  in  the  call  issued  therefor  by  the 
respective  county  committees  of  such  political  party.  The 
number  of  delegates  to  which  such  political  party  in  such 
county  is  entitled  shall  be  chosen  at  such  county  convention. 
The  county  committee  except  chairman  and  secretary  shall 
be  chosen  by  each  political  party  at  each  county  convention 
held  after  each  August  primary. 

Am.   Id. 


LAWS    RELATING    TO    ELECTIONS.  225 

(652)  SEC.  43.    The  state  convention  of  all  political  par-  state 
ties  for  the  nomination  of  candidates  for  state  offices  and  the  w°heTf  he\dn' 
selection  of  members  of  the  state  central  committee  shall  be 

held  within  forty  days  after  the  August  primary  and  within 
fifteen  days  after  the  March  primary,  but  not  less  than  ten 
days  after  the  day  appointed  for  the  meeting  of  the  board  of 
state  canvassers  for  the  purpose  of  canvassing  the  primary 
election  returns  mentioned  in  this  act.  The  particular  day  Caiia  for. 
and  the  time  and  place  of  meeting  shall  be  designated  by 
the  state  central  committees  of  the  various  political  parties 
in  the  calls  for  said  state  conventions,  which  calls  shall  be 
issued  at  least  thirty  days  prior  to  the  August  and  March 
primaries. 

Am.   Id. 

(653)  SEC.  44.     Whenever  the  voters  of  any  city  of  less  when  certain 
than  seventy  thousand  population  shall  decide  to  select  party 
candidates  pursuant  to  the  provisions  of  this  act,  the  peti- 

tions  for  submission  or  resubmission  of  the  question  itself, 
the  nomination  of  candidates,  the  printing  of  ballots,  the  con- 
ducting of  the  primary,  and  any  other  provisions  for  city 
nominations  shall  be  governed,  insofar  as  applicable,  by  the 
provisions  of  this  act  relative  to  the  nomination  of  party  can- 
didates for  district  offices:     Provided,  That  in  any  city  of  Proviso,, 
more  than   seventy  thousand   population  the  nomination  of  voting dire° 
candidates  for  city  offices  by  all  parties  shall  be  by  direct  vote,  required. 
and  in  cities  of  less  than  seventy  thousand  population  where 
any  political  party  is  now  nominating  its  candidates  for  city 
offices  by  the  direct  voting  system  provided  for  in  this  act 
or  some  former  act,  every  political  party  in  such  city  shall 
hereafter  so  nominate    its    candidates,    unless  the  qualified 
voters  of  such  city  shall  decide  otherwise,  according  to  the 
provisions  of  this  act.    The  primary  election  in  cities  having 
adopted  the  direct  voting  system  for  the  nomination  of  can- 
didates for  city  offices  to  be  voted  for  on  the  first  Monday 
of  April  provided  for  in  this  act  shall  be  held  on  the  first 
Wednesday    of    March   preceding  such   April  election.     All  AII  primary 
primary  elections  held  in  this  state  shall  be  governed  by  and  fovemed  by 
conducted  in  accordance  with  the  provisions  of  this  act.  this  act- 

Am.  Id. 

(654)  SEC.  45.     Every  person  who,  directly  or  indirectly,  Misdemeanors, 
by  himself  or  by  any  other  person  in  his  behalf,  gives,  lends,  w 

or  agrees  to  give  or  lend,  or  offers,  or  promises  any  money  or 
valuable  consideration,  or  promises  or  endeavors  to  procure 
any  money  or  valuable  consideration  or  office,  place  or  em- 
ployment, to  or  for  any  voter,  or  to  or  for  any  person  on 
behalf  of  any  voter,  or  to  or  for  any  person  in  order  to  induce 
or  have  such  person  induce  any  voter  to  vote  for  or  refrain 
from  voting  for,  or  support  or  oppose  any  candidate,  or  on 
account  of  such  voter  having  voted  or  refrained  from  voting 
at  any  primary  election  in  this  state;  every  person  who  by 
29 


226 


STATE    OF    MICHIGAN. 


any  means  receives,  agrees  or  contracts  for  any  money,  gift, 
fee,  loan  or  valuable  consideration,  office,  place,  appointment 
or  employment  for  himself  or  any  other  person,  for  voting 
or  agreeing  to  vote,  or  for  refraining  or  agreeing  to  refrain 
from  voting  in  a  particular  manner  at  any  such  primary  elec- 
tion;  or  for  inducing,  or  undertaking  to  induce  any  other 
person  to  vote  in  a  particular  manner,  or  to  do  or  perform 
any  of  the  acts  or  things  forbidden  by  this  act,  or  on  account 
of  doing  or  agreeing  to  do,  or  having  done  any  campaign 
work,  electioneering,  soliciting  votes  for  such  candidates  on 
primary  day  or  prior  thereto,  or  who  after  any  primary  elec- 
tion in  this"  state,  directly  or  indirectly,  by  himself  or  by  any 
other  person  in  his  behalf,  gives  or  receives  any  money  or 
valuable  consideration  or  place,  position  or  employment  on 
account  of  any  person  having  voted  01*  refrained  from  voting, 
or  having  induced  any  other  person  to  vote  or  refrain  from 
voting  at  any  such  primary  election ;  or  having  induced  or 
undertaken  to  induce  any  other  person  to  vote  in  a  particu- 
lar manner  or  for  any  particulr  candidate  at  any  such  pri- 
mary election,  or  on  account  of  any  person  having  done  or 
been  a  party  to  doing  anything  forbidden  by  this  act,  it  being 
the  intent  of  this  clause  to  prohibit  the  prevailing  practice  of 
candidates  hiring  with  money  and  promises  of  positions,  etc., 
workers  on  primary  day  and  prior  thereto;  also  every  person 
who  in  behalf  of  any  firm,  partnership,  association  or  cor- 
poration, gives,  lends  or  receives,  or  agrees  to  give,  lend  or 
receive,  or  offers  or  promises  any  money  or  valuable  consider- 
ation, place,  position  or  employment,  or  promises  or  endeav- 
ors to  procure  any  money  or  valuable  consideration,  in  order 
to  aid  or  promote  the  nomination  of  any  particular  candi- 
Penaity.          date,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars  or  by  imprisonment  for  a  period  of  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 

(655)  SEC.  46.  Any  person  who  shall,  while  the  polls  are 
open,  at  any  polling  place  on  any  primary  day,  solicit  votes 
in  the  said  polling  place,  or  within  one  hundred  feet  thereof; 
any  person  who  shall  offer  or  give  to  any  other  person  any 
intoxicating  liquors,  or  drink  any  intoxicating  liquors  within 
any  such  polling  place;  any  person  who  shall  violate  any  of 
the  requirements  or  provisions  of  this  act  for  which  a  penalty 
is  not  herein  otherwise  provided ;  any  person  who  shall  refuse 
or  neglect  to  perform  any  duty  enjoined  upon  him  thereby; 
and  any  member  of  any  primary  election  board  who  shall 
neglect  or  refuse  to  comply  with  any  provision  of  this  act 
upon  demand  of  any  elector  or  police  or  peace  officer  so  to  do, 
and  any  person  who  shall  vote  or  attempt  to  vote  more  than 
once,  or  in  more  than  one  election  district  at  the  same  pri^ 
mary  election,  and  any  person  who  shall  vote  at  any  primary 
election  or  enroll  for  the  purpose  of  voting  thereat,  or  at- 
tempt to  so  vote  or  enroll  when  he  is  not  legally  entitled  to 


Soliciting 
votes,  etc. 


LAWS    RELATING    TO    ELECTIONS.  227 

so  vote  or  enroll,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  subject  to  the  punish- 
ment prescribed  in  the  preceding'  section,  and  it  is  hereby 
made  the  duty  of  any  police  or  other  peace  officer  present 
and  having  knowledge  of  any  violation  of  any  of  the  provi- 
sions of  this  section  to  forthwith  institute  criminal  proceed- 
ings for  the  punishment  of  such  offender. 

(656)  SEC.  47.    It  shall  be  unlawful  for  any  candidate  for  campaign 
nomination  under  the  provisions  of  this  act,  after  the  date  on  SSawftS" 
which  he  has  announced  himself  a  candidate  for  any  office  to  P°st- 
included  within  the  provisions  of  this  act,  or  after  he  has  filed 

his  petition  to  have  his  name  placed  upon  the  primary  bal- 
lot, and  before  the  close  of  the  polls  of  such  primary  on  pri- 
mary day,  directly  or  indirectly,  by  himself  or  by  any  other 
I>erson,  to  post,  pay  for  posting,  or  cause  to  be  posted  upon  or 
in  any  building,  or  upon  any  tree,  post,  fence,  bill  board,  tele- 
graph or  telephone  pole,  vehicle  or  other  object  within  the 
territory  where  he  is  a  candidate,  any  campaign  card,  banner, 
hand  bill,  poster,  lithograph,  half-tone  engraving,  photograph 
or  other  likeness  of  himself,  or  other  advertising  matter  used, 
or  intended  for  the  purpose  of  advertising  or  advancing  his 
candidacy  for  office. 

(657)  SEC.  48.    It  shall  be  unlawful  for  any  person,  after  idem, 
he  has  declared  himself  a  candidate  for  any  office  included  in 

the  provisions  of  this  act  or  filed  his  primary  petition  there- 
for as  herein  provided,  and  before  the  close  of  the  polls  on 
primary  day,  for  the  purpose  of  promoting  his  candidacy 
therefor,  or  for  use  in  his  campaign  for  such  office,  directly 
or  indirectly,  to  print  or  cause  to  be  printed,  pay  or  cause  to 
be  paid  for  printing,  circulate  or  distribute,  or  cause  to  be 
circulated  or  distributed,  any  campaign  cards,  hand  bill, 
banner,  poster  or  other  advertising  matter  larger  than  two 
and  one-fourth  inches  in  width  by  four  inches  in  length,  ex-  Pos^1 
cept  postal  cards  and  letters,  or  which  contains  any  litho-  c 
graph,  half-tone  engraving,  photograph  or  other  likeness  of 
himself,  which  likeness  is  larger  than  one  and  one-half  inches 
in  width  by  two  inches  in  height,  excepting  advertisements 
in  newspapers  as  hereinafter  provided,  or  to  publish  or  cause 
to  be  published,  pay  for  publishing,  or  cause  to  be  paid  for 
publishing,  any  printed  matter  whatsoever,  or  any  lithograph, 
half-tone  engraving  or  other  likeness  of  himself,  or  any  other 
political  advertisement  of  any  kind  or  nature  whatsoever 
which  is  intended,  published  or  manufactured  for  the  pur- 
pose of  promoting  or  advancing  his  candidacy  for  such  office, 
or  influencing  voters  relative  to  his  said  candidacy  in  or  upon 
any  magazine,  program,  bill  of  fare,  ticket  for  any  ball  or 
other  entertainment,  or  upon  or  in  any  other  substance  or 
publication  whatsoever,  except  in  a  daily,  weekly  or  monthly 
newspaper  which  has  been  regularly  and  bona  fide  published 
and  circulated  for  at  least  three  months  before  such  advertise- 
ment is  to  be  inserted  therein.  It  shall  be  unlawful  for  any 
other  person  to  do  or  perform  for  or  on  behalf  of  any  such 


228  STATE    OF    MICHIGAN. 

candidate'  or  to  help  or  injure  the  candidacy  of  any  candi- 
date, any  of  the  acts  or  things  which  it  is  by  this  act  made 
unlawful  for  such  candidate  to  do. 

Money,  etc.,  (658)  SEC.  49.  It  shall  be  unlawful  for  any  person  to 
iting  of.  solicit  from  any  candidate  for  nomination  for  any  office  in- 
cluded in  the  provisions  hereof,  any  money  or  other  property. 
The  provisions  of  this  section  shall  not  apply  to  requests  for 
contributions  of  money  by  or  to  an  authorized  representative 
of  the  political  party  committee  of  the  organization  to  which 
such  candidate  belongs,  and  shall  not  apply  to  any  regular 
business  transaction  between  any  such  candidate  and  any 
other  person,  which  is  not  intended  for  or  connected  with  the 
securing  of  votes  or  the  influencing  of  voters  in  connection 
with  such  nomination. 

Lithograph,  (659)  SEC.  50.  It  shall  be  unlawful  for  any  candidate  for 
tocp'ub?ishwful  nomination  for  any  office  included  in  the  provisions  of  this 
act,  or  any  other  person  on  his  behalf,  for  the  purpose  of 
helping  his  candidacy  for  such  office,  directly  or  indirectly  to 
pay  for  publishing  or  cause  to  be  inserted  or  published  in  any 
newspaper  any  lithograph,  half-tone  engraving  or  other  like- 
ness of  such  candidate  larger  than  one  and  one-half  inches 
in  width  by  two  inches  in  height  or  any  advertisement  in 
which  more  than  ten  per  centum  of  the  printed  matter  is 
printed  in  a  larger  type  than  the  regular  type  used  in  print- 
ing the  editorials  of  such  newspaper,  excepting  therefrom  the 
name  of  such  candidate  and  the  title  of  the  office  for  which 
he  is  a  candidate,  and  no  such  candidate  shall  pay  for,  or, 
directly  or  indirectly,  cause  any  advertisement  or  any  likeness 
of  himself  to  be  inserted  or  published  in  any  such  newspaper 
which  charges  or  demands  from  him  a  higher  rate  therefor 
than  the  highest  regular  rate  which  such  newspaper  charges 
other  persons  or  firms  for  non-political  advertisements  for 
the  same  space,  position  and  number  of  insertions,  and  all 
candidates  shall  exercise  reasonable  diligence  to  ascertain 
what  such  regular  advertising  rate  is  before  inserting  any 
such  advertisement,  and  if  he  shall  be  misinformed  as  to  such 
rate  he  shall  not  be  held  responsible  under  the  provisions  of 
this  act  for  such  illegal  publication.  It  shall  be  unlawful  for 
any  person,  firm  or  corporation  or  employe  thereof,  solicit- 
ing or  receiving  any  such  advertisements  or  printed  matter 
for  any  such  newspaper  from  any  such  candidate,  to  misin- 
form any  such  candidate  as  to  such  advertising  rates. 
Treating  (660)  SEC.  51.  It  shall  be  unlawful  for  any  candidate 

unlawful.  for  nomination  under  the  provisions  of  this  act,  after  he  has 
announced  himself  as  a  candidate  for  any  office  included  in 
this  act,  or  after  he  has  filed  his  petition  to  have  his  name 
placed  upon  the  primary  ballot  as  herein  provided,  and  before 
the  close  of  the  polls  on  any  primary  day,  in  any  store,  saloon, 
hotel,  hall  or  other  public  building,  public  street  or  place 
within  the  territory  from  which  he  seeks  a  nomination,  di- 
rectly or  indirectly  to  buy  or  give  to,  or  cause  to  be  bought 
for,  or  given  to,  any  elector  residing  therein  any  spirituous, 


LAWS    RELATING    TO    ELECTIONS.  229 

malt,  brewed,  fermented  or  other  intoxicating  liquor  or  bever- 
age. It  shall  be  unlawful  for  any  person  for  or  on  behalf 
of  any  such  candidate,  or  to  help  or  injure  the  candidacy  of 
any  candidate,  in  any  of  the  places  included  in  this  section, 
to  buy  for,  give  to,  or  cause  to  be  bought  for  or  given  to 
any  elector,  any  of  the  liquors  or  beverages  included  in  this 
section  for  the  purpose  of  influencing  the  vote  or  support 
of  such  elector  for  or  against  any  such  candidate,  or  when 
it  is  announced  or  made  known  in  any  way  to  any  such  elec- 
tor before  or  after  such  beverage  is  served  that  the  same  are 
given  or  served  for  the  purpose  of  assisting  or  injuring  the 
candidacy  of  any  candidate,  or  influencing  the  action  of  such 
elector  in  relation  thereto,  it  being  the  intent  of  this  section 
to  prohibit  the  prevailing  custom  of  treating  by  candidates 
for  nomination  for  public  office  or  by  any  other  person  on 
behalf  of  such  candidates. 

(661)  SEC.  52.    Any  person  who  shall  do  or  perform  any  Misdemeanor. 
act  or  thing  which  is  by  this  act  made  unlawful  for  him  to 

do,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con-  penalty, 
viction  thereof  shall  be  punished  by  a  fine  not  to  exceed  five 
hundred    dollars    or    by    imprisonment    not    exceeding    six 
months,  or  both,  in  the  discretion  of  the  court. 

(662)  SEC.  53.     When  by  this  act  any  act  or  duty  is  re-  Penalty  for 
quired  to  be  done  or  performed  by  or  under  the  direction,       ect  of 
supervision  or  authority  of  any  officer,  and  such  act  or  duty 

shall  not  be  done  or  performed,  then  the  officer  who  shall 
neglect  to  perform  such  act  or  duty,  or  who  shall  be  respon- 
sible for  such  neglect,  shall  be  guilty  of  a  misdemeanor  and 
shall  be  punished  as  provided  in  section  fifty-five  hereof. 

(663)  SEC.  54.    No  prosecution  for  any  offense  mentioned  Prosecution, 
in  this  act  shall  be  maintained  unless  it  shall  be  commenced 

within  six  months  after  the  date  of  the  primary  election  in 
connection  with  which  the  offense  is  alleged  to  have  been  com- 
mitted. Neither  the  complaining  witness,  nor  any  other  per- 
son who  may  be  called  to  testify  in  behalf  of  the  people  in 
any  such  proceeding,  shall  be  liable  to  criminal  prosecution 
under  this  act  for  any  offense  in  respect  to  which  he  shall 
be  examined  or  to  which  his  testimony  shall  relate,  except  to 
prosecution  for  perjury  committed  in  such  testimony. 

(664)  SEC.  55.     It  shall  be  the  duty  of  the  county  clerk  Duty  of 
of  each  county  to  cause  to  be  printed  large  cards  or  posters  cl 
containing  verbatim  the  whole   of  sections  thirty-four  and 
forty-six  of  this  act,  and  shall  furnish  two  of  the  same  to  the 
board  of  primary  election  inspectors  of  each  election  precinct 

in  his  county  at  the  same  time  that  the  official  ballots  for  use 
at  primary  elections  are  delivered,  and    the    board    of   pri- 
mary election    inspectors  shall  cause  the  said   posters  to  be 
posted  in  conspicuous  places  in  the  polling  places  so  that  the 
same  can  be  plainly  seen  and  read  by  all  persons  at  any 
primary  election.     It  shall  be  the  duty  of  the  clerk  of  any  city  clerks, 
city,  township  or  village  in  which    this  act  is  operative  to  *tc-  duty  Ol 
deliver  to  the  board  of  primary  election  inspectors  of  each 


230 


STATE    OP    MICHIGAN. 


Election  day, 
what  deemed. 


election  precinct  within  his  jurisdiction,  before  the  time  for 
opening  of  the  polls  on  primary  election  day,  and  on  all  en- 
rollment days,  the  register  of  electors  and  the  party  enroll- 
ment book,  and  the  blanks  for  poll  lists  and  returns  and  any 
other  supplies  necessary  to  carry  out  the  provisions  of  this 
act  not  herein  otherwise  provided  for. 

(665)  SEC.  56.  The  day  on  which  any  primary  election 
shall  be  held  pursuant  to  the  provisions  of  this  act,  shall  be 
deemed  to  be  an  election  day  in  any  city,  county  or  district 
where  such  primary  election  is  held  within  the  meaning  of 
section  seventeen  of  act  number  three  hundred  thirteen  of 
the  public  acts  of  eighteen  hundred  eighty-seven,  entitled  "An 
act  to  provide  for  the  taxation  and  regulation  of  the  business 
of  manufacturing,  selling,  keeping  for  sale,  furnishing,  giving 
or  delivering  spirituous  and  intoxicating  liquors,  and  malt, 
brewed  or  fermented  liquors,  and  vinous  liquors  in  this  state, 
and  to  repeal  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act:"  Provided,  That  such  primary  elec- 
tion day  shall  not  be  deemed  an  election  day  or  a  holiday  for 
any  purpose  except  as  indicated  in  this  section. 

Am.   1911,   Act   279. 

Acts  repealed.  (666)  SEC.  57.  Act  number  four  of  the  public  acts  of  the 
extra  session  of  nineteen  hundred  seven,  entitled  "An  act 
relative  to  the  nomination  of  party  candidates  for  public 
office  and  delegates  to  political  conventions,  to  regulate  pri- 
mary elections  and  to  prescribe  penalties  for  violations  of 
its  provisions,"  and  all  local  primary  election  acts  or  other 
acts  contravening  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Am.   Id. 


Proviso. 


APPENDIX. 


APPENDIX, 


VISIONS     OF     THE     CONSTITUTION     OF     THE 
NITED   STATES  APPLICABLE  TO  ELECTIONS 
IN  THE  STATES,  AND  LAWS  IN  RELATION 
TO  THE  NATURALIZATION  OF  ALIENS. 


CONSTITUTIONAL    PROVISIONS. 

ARTICLE  I. 

SECTION   I. 

1.     All  legislative  powers  herein  granted   shall  be  vested  Legislative 
in  a  congress  of  the  United  States,  which  shall  consist  of  a  power> 
senate  and  house  of  representatives. 

SECTION  II. 

1.  The  house  of  representatives  shall  be  composed  of  mem-  House  of 
bers  chosen  every  second  year  by  the  people  of  the  several  [^e|fnand 
states,  and  the  electors  in  each  state  shall  have  the  qualifica-  qualifications 
tions  requisite  for  electors  of  the  most  numerous  branch  of  Ol 

the  state  legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  of  repre- 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years  sentatives- 
a  citizen  of  the    United    States,    and    who  shall  not,    when 
elected,  be  an  inhabitant  of  that  state  in  which  he  shall  be 
chosen. 

4.     When  vacancies  happen  in  the  representation  from  any  vacancies, 
state,  the  executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

SECTION  III. 

1.     The  senate  of  the  United  States  shall  be  composed  of  IgJftJ^ 
two  senators  from  each  state,  chosen  by  the  legislature  there-  tor  a  vote, 
of,  for  six  years;  and  each  senator  shall  have  one  vote. 

3.  No  person  shall  be  a  senator  who  shall  not  have  at-  Qualifications 

,  ,  «...  1,  .  . i.    of  senators. 

tamed  to  the  age  of  thirty  years,  and  been  nine  years  a  citi- 
zen of  the  United  States,  and  who  shall  not  when  elected,  be 
an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 


234 


APPENDIX. 


Elections, 
how  regu- 
lated. 


SECTION  IV. 


1.  The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives,  shall  be  prescribed  in  each  state 
by  the  legislature  thereof;  but  the  congress  may  at  any  time 
by  law,  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  senators. 


ARTICLE  II. 


Executive 
power. 


Electors  of 
president  and 
vice  president, 


Time  of  choos- 
ing electors. 


Qualifications 
for  president. 


SECTION   I. 

1.  The  executive  power  shall  be  vested  in  a  president  of 
the  United  States  of  America.     He  shall  hold  his  office  dur- 
ing the  term'  of  four  years,  and,  together  with  the  vice  presi- 
dent, chosen  for  the  same  term,  be  elected,  as  follows : 

2.  Each  state  shall  appoint,  in  such  manner  as  the  legis- 
lature thereof  may  direct,  a  number  of  electors  equal  to  the 
whole  number  of  senators  and  representatives  to  which  the 
state  may  be  entitled  in  the  congress ;  but  no  senator  or  rep- 
resentative or  person  holding  an  office  of  trust  or  profit  under 
the  United  States  shall  be  appointed  an  elector. 

4.  The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  .same  thoughout  the  United  States, 

5.  No  person  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States  at  the  time  of  the  adoption  of  this  con- 
stitution, shall  be  eligible  to  the  office  of  president;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 


ARTICLE  V. 


Amending 
constitution. 


1.  The  congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  consti- 
tution, or,  on  the  application  of  the  legislatures  of  two-thirds 
of  the  several  states,  shall  call  a  convention  for  proposing 
amendments,  which,  in  either  case,  shall  be  valid  to  all  in- 
tents and  purposes,  as  part  of  this  constitution,  when  ratified 
by  the  legislatures  of  three-fourths  of  the  several  states,  or 
by  conventions  in  three-fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  may  be  proposed  by  the  congress: 
Provided,  That  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section 
of  the  first  article;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  senate. 


APPENDIX.  235 


ARTICLE  XII. 

PROPOSED   AT   THE    FIRST    SESSION    OF   THE    EIGHTH    CONGRESS. 

1.     The  electors  shall  meet  in  their  respective  states,  and  .Mode  of  eiect- 

-.--.„  ...  ...  .*,  ing  president 

vote  by  ballot  for  president  and  vice  president,  one  of  whom,  and  vice  presi- 
tit  least,  shall  not  be  an  inhabitant  of  the  same  state  with  ulSted  states 


themselves,  they  shall  name  in  their  ballots  the  person  voted 
for  as  president,  and  in  distinct  ballots  the  person  voted  for 
as  vice  president,  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  president,  and  of  all  persons  voted  for 
as  vice  president,  and  of  the  number  of  votes  for  each,  which 
lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the 
president  of  the  senate;  the  president  of  the  senate  shall  in 
the  presence  of  the  senate  and  house  of  representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted;  the 
person  having  the  greatest  number  of  votes  for  president  shall 
be  the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest  numbers, 
not  exceeding  three,  on  the  list  of  those  voted  for  as  presi- 
dent, the  house  of  representatives  shall  choose  immediately, 
by  ballot,  the  president.  But,  in  choosing  the  president  the 
votes  shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote;  a  quorum  for  this  purpose  shall  con- 
sist of  a  member  or  members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representatives  shall  not  choose  a  presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  vice 
president  shall  act  as  president,  as  in  the  case  of  the  death  or 
other  constitutional  disability  of  the  president. 

2.  The  person  having  the  greatest  number  of.  votes  as  vice  vice  presi- 
president,  shall  be  the  vice  president,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed;  and  if 

no  person  have  a  majority,  then  from  the  two  highest  num- 
bers on  the  list,  the  senate  shall  choose  the  vice  president;  a 
quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 
whole  number  of  senators,  and  a  majority  of  the  whole  num- 
ber shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  Qualification. 
president  shall  be  eligible  to  that  of  vice  president  of  the 

United  States. 


236 


APPENDIX. 


ARTICLE  XIV. 


Who  are 
citizens. 


Immunities 
of  citizens. 


Apportion- 
ment of  rep- 
resentatives. 


Basis  of  rep- 
resentation. 


Conditional 
prohibition 
to  hold  cer- 
tain offices. 


PROPOSED    AT    THE    FIRST    SESSION    OF    THE    THIRTY-NINTH 
CONGRESS. 

1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the   jurisdiction  thereof,   are   citizens   of  the 
United  States  and  of  the  state  wherein  they  reside.    No  state 
shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States ;  nor  shall 
any  state  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several 
states  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  state,  excluding  Indians 
not  taxed.     But  when  the  right  to  vote  at  any  election  for 
the  choice  of  electors  for  president  and  vice  president  of  the 
United  States,  representatives  in  congress,  the  executive  and 
judicial  officers  of  a  state,  or  the  members  of  the  legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  state, 
being  twenty-one  years  of  age  and  citizens  of    the    United 
States,  or  in  any  way  abridged,  except  for  participation  in 
rebellion  or  other  crime,  the  basis  of  representation  therein 
shall  be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  state. 

3.  No  person  shall  be  a  senator  or  representative  in  con- 
gress, or  elector  of  president  and  vice  president,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
state,  who,  having  previously  taken  an  oath  as  a  member  of 
congress,  or  as  an  officer  of  the  United  States,  or  as  a  mem- 
ber of  any  state  legislature,  or  as  an  executive  or  judicial 
officer  of  any  state,  to  support  the  constitution  of  the  United 
States,    shall    have    engaged    in    insurrection    or    rebellion 
against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.    But  congress  may,  by  a  vote  of  two-thirds  of  each 
house,  remove  such  disability. 


Right  of 
suffrage. 


Power  of 

congress. 


ARTICLE  XV. 

PROPOSED   AT  THE   FIRST   SESSION  OP  THE   FORTY-FIRST  CONGRESS. 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any 
state  on  account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

2.  The  congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 


APPENDIX.  237 


NATURALIZATION    OF  ALIENS. 

An  Act  to  establish  a  bureau  of  immigration  and  naturalization,  and  to  provide 
for  a  uniform  rule  for  the  naturalization  of  aliens  throughout  the  United  States. 

[Extract   from   Act   of  Congress,    approved   June   29,    1906.] 

SEC.  3.  That  exclusive  jurisdiction  to  naturalize  aliens  as  citizens  of 
the  United  States  is  hereby  conferred  upon  the  following  specified 
courts : 

United  States  circuit  and  district  courts  now  existing,  or  which 
may  hereafter  be  established  by  congress  in  any  state,  United  States 
district  courts  for  the  territories  of  Arizona,  New  Mexico,  Oklahoma, 
Hawaii,  and  Alaska,  the  supreme  court  of  the  District  of  Columbia,  and 
the  United  States  courts  for  the  Indian  Territory;  also  all  courts  of 
record  in  any  state  or  territory  now  existing,  or  which  may  hereafter  be 
created,  having  a  seal,  a  clerk,  and  jurisdiction  in  actions  at  law  or 
equitv,  or  law  and  equity,  in  which  the  amount  in  controversy  is  unlim- 
ited. 

That  the  naturalization  jurisdiction  of  all  courts  herein  specified, 
state,  territorial,  and  federal,  shall  extend  only  to  aliens  resident  within 
the  respective  judicial  districts  of  such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of  the  clerks  of 
such  courts,  be  furnished  from  time  to  time  by  the  Bureau  of  Immigra- 
tion and  Naturalization  with  such  blank  forms  as  may  be  required  in 
the  naturalization  of  aliens,  and  all  certificates  of  naturalization  shall 
be  consecutively  numbered  and  printed  on  safety  paper  furnished  by  said 
Bureau. 

SEC.  4.  That  an  alien  may  be  admitted  to  become  a  citizen  of  the 
United  States  in  the  following  manner  and  not  otherwise: 

First.  He  shall  declare  on  oath  before  the  clerk  of  any  court  author- 
ized by  this  act  to  naturalize  aliens,  or  his  authorized  deputy,  in  the 
district  in  which  such  aliea  resides,  two  years  at  least  prior  to  his  ad- 
mission, and  after  he  has  reached  the  age  of  eighteen  years,  that  it  is 
bona  fide  his  intention  to  become  a  citizen  of  the  United  States,  and  to 
renounce  forever  all  allegiance  and  fiJdelity  to  any  foreign  prince,  poten- 
tate, state,  or  sovereignty,  and  particularly,  by  name,  to  the  prince, 
potentate,  state,  or  sovereignty  of  which  the  alien  may  be  at  the  time  a 
citizen  or  subject.  And  such  declaration  shall  set  forth  the  name,  age, 
occupation,  personal  description,  place  of  birth,  last  foreign  residence 
and  allegiance,  the  date  of  arrival,  the  name  of  the  vessel,  if  any,  in 
which  he  came  to  the  United  States,  and  the  present  place  of  .residence 
in  the  United  States  of  said  alien:  Provided,  however,  That  no  alien 
who,  in  conformity  with  the  law  in  force  at  the  date  of  his  declaration, 
has  declared  his  intention  to  become  a  citizen  of  the  United  States  shall 
be  required  to  renew  such  declaration. 

Second.  Not  less  than  two  years  nor  more  than  seven  years  after  he 
has  made  such  declaration  of  intention  he  shall  make  and  file,  in  dupli- 
cate, a  petition  in  writing,  signed  by  the  applicant  in  his  own  hand- 
writing and  duly  verified,  in  which  petition  such  applicant  shall  state 
his  full  name,  his  place  of  residence  (by  street  and  number,  if  pos- 
sible), his  occupation,  and,  if  possible,  the  date  and  place  of  his  birth; 


238  APPENDIX. 


the  place  from  which  he  emigrated,  and  the  date  and  place  of  his  arrival 
in  the  United  States,  and,  if  he  entered  through  a  port,  the  name  of  the 
vessel  on  which  he  arrived;  the  time  when  and  the  place  and  name  of 
the  court  where  he  declared  his  intention  to  become  a  citizen  of  the 
United  States;  if  he  is  married  he  shall  state  the  name  of  his  wife  and, 
if  possible,  the  country  of  her  nativity  and  her  place  of  residence  at 
the  time  of  filing  his  petition;  and  if  he  has  children,  the  name,  date, 
and  place  of  birth  and  place  of  residence  of  each  child  living  at  the 
time  of  the  filing  of  his  petition:  Provided,  That  if  he  has  filed  his 
declaration  before  the  passage  of  this  act  he  shall  not  be  required  to 
sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in  or  opposed 
to  organized  government,  or  a  member  of  or  affiliated  with  any  organiza- 
tion or  body  of  persons  teaching  disbelief  in  or  opposed  to  organized 
government,  a  polygamist  or  believer  in  the  practice  of  polygamy,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United  States  and 
to  renounce  absolutely  and  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state,  or  sovereignty,  and  particularly  by  name 
to  the  prince,  potentate,  state,  or  sovereignty  of  which  he  at  the  time 
of  filing  of  his  petition  may  be  a  citizen  or  subject,  and  that  it  is  his 
intention  to  reside  permanently  within  the  United  States,  and  whether 
or  not  he  has  been  denied  admission  as  a  citizen  of  the  United  States, 
and,  if  denied,  the  ground  or  grounds  of  such  denial,  the  court  or 
courts  in  which  such  decision  was  rendered,  and  that  the  cause  for  such 
denial  has  since  been  cured  or  removed,  and  every  fact  material  to 
his  naturalization  and  required  to  be  proved  upon  the  final  hearing  of 
his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at  least  two 
credible  witnesses,  who  are  citizens  of  the  United  States,  and  who  shall 
state  in  their  affidavits  that  they  have  personally  known  the  applicant 
to  be  a  resident  of  the  United  States  for  a  period  of  at  least  five  years 
continuously,  and  of  the  state,  territory7,  or  district  in  which  the  appli- 
cation is  made  for  a  period  of  at  least  one  year  immediately  preceding 
the  date  of  the  filing  of  his  petition,  and  that  they  each  have  personal 
knowledge  that  the  petitioner  is  a  person  of  good  moral  character,  and 
that  he  is  in  every  way  qualified,  in  their  opinion,  to  be  admitted  as  a 
citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with  the  clerk 
of  the  court  a  certificate  from  the  Department  of  Commerce  and  Labor, 
if  the  petitioner  arrives  in  the  United  States  after  the  passage  of  this 
act,  stating  the  date,  place,  and  manner  of  his  arrival  in  the  United 
States,  and  the  declaration  of  intention  of  such  petitioner,  which  cer- 
tificate and  declaration  shall  be  attached  to  and  made  a  part  of  said 
petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship,  declare  on  oath 
in  open  court  that  he  will  support  the  constitution  of  the  United  States, 
and  that  he  absolutely  and  entirely  renounces  and  abjures  all  allegiance 
and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and 
particularly  by  name  to  the  prince,  potentate,  state,  or  sovereignty  of 
which  he  was  before  a  citizen  or  subject;  that  he  will  support  and 
defend  the  constitution  and  laws  of  the  United  States  against  all  enemies, 
foreign  and  domestic,  and  bear  true  faith  and  allegiance  to  the  same. 


APPENDIX.  239 


Fourth.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court  ad- 
mitting any  alien  to  citizenship  that  immediately  preceding  the  date 
of  his  application  he  has  resided  continuously  within  the  United  States 
five  years  at  least,  and  within  the  state  or  territory  where  such  court 
is  at  the  time  held  one  year  at  least,  and  that  during  that  time  he  has 
behaved  as  a  man  of  good  moral  character,  attached  to  the  principles 
of  the  constitution  of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same.  In  addition  to  the  oath  of  the  appli- 
cant, the  testimony  of  at  least  two  witnesses,  citizens  of  the  United 
States,  as  to  the  facts  of  residence,  moral  character,  and  attachment  to 
the  principles  of  the  constitution  shall  be  required,  and  the  name,  place 
of  residence,  and  occupation  of  each  witness  shall  be  set  forth  in  the 
record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to  citizenship  has 
borne  any  hereditary  title,  or  has  been  of  any  of  the  orders  of  nobility 
in  the  kingdom  or  state  from  which  he  came,  he  shall,  in  addition  to 
the  above  requisites,  make  an  express  renunciation  of  his  title  or  order 
of  nobility  in  the  court  to  which  his  application  is  made,  and  his  renun- 
ciation shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  intention  to  become  a 
citizen  of  the  United  States  dies  before  he  is  actually  naturalized  the 
Widow  and  minor  children  of  such  alien  may,  by  complying  with  the 
other  provisions  of  this  act,  be  naturalized  without  making  any  declara- 
tion of  intention. 

SEC.  5.  That  the  clerk  of  the  court  shall,  immediately  after  filing 
the  petition,  give  notice  thereof  by  posting  in  a  public  and  conspicuous 
place  in  his  office,  or  in  the  building  in  which  his  office  is  situated, 
under  an  appropriate  heading,  the  name,  nativity,  and  residence  of  the 
alien,  the  date  and  place  of  his  arrival  in  the  United  States,  and  the 
date,  as  nearly  as  may  be,  for  the  final  hearing  of  his  petition,  and  the 
names  of  the  witnesses  whom  the  applicant  expects  to  summon  in  his 
behalf;  and  the  clerk  pliall,  if  the  applicant  requests  it,  issue  a  subpoena 
for  the  witnesses  so  named  by  the  said  applicant  to  appear  upon  the 
day  set  for  the  final  hearing,  but  in  case  such  witnesses  can  not  be  pro- 
duced upon  the  final  hearing  other  witnesses  may  be  summoned. 

SEC.  6.  That  petitions  for  naturalization  may  be  made  and  filed  dur- 
ing term  time  or  vacation  of  the  court  and  shall  be  docketed  the  same 
day  as  filed,  but  final  action  thereon  shall  be  had  only  on  stated  days,  to 
be  fixed  by  rule  of  the  court,  and  in  no  case  shall  final  action  be  had  upon 
a  petition  until  at  least  ninety  days  have  elapsed  after  filing  and  post- 
ing the  notice  of  such  petition :  Provided,  That  no  person  shall  be 
naturalized  nor  shall  any  certificate  of  naturalization  be  issued  by  any 
court  within  thirty  days  preceding  the  holding  of  any  general  election 
within  its  territorial  jurisdiction.  It  shall  be  lawful,  at  the  time  and 
as  a  part  of  the  naturalization  of  any  alien,  for  the  court,  in  its  discre- 
tion, upon  the  petition  of  such  alien,  to  make  a  decree  changing  the 
name  of  said  alien,  and  his  certificate  of  naturalization  shall  be  issued 
to  him  in  accordance  therewith. 

SEC.  7.  That  no  person  who  disbelieves  in  or  who  is  opposed  to 
organized  government,  or  who  is  a  member  of  or  affiliated  with  any 
organization  entertaining  and  teaching  such  disbelief  in  or  opposition 
to  organized  government,  or  who  advocates  or  teaches  the  duty,  neces- 


240  APPENDIX. 


sity,  or  propriety  of  the  unlawful  assaulting  or  killing  of  any  officer  or 
officers,  either  of  specific  individuals  or  of  officers  generally,  of  the  gov- 
ernment of  the  United  States,  or  of  any  other  organized  government, 
because  of  his  or  their  official  character,  or  who  is  a  polygamist,  shall 
be  naturalized  or  be  made  a  citizen  of  the  United  States. 

SEC.  8.  That  no  alien  shall  hereafter  be  naturalized  or  admitted  as 
a  citizen  of  the  United  States  who  can  not  speak  the  English  language: 
Provided,  That  this  requirement  ishall  not  apply  to  aliens  who  are  phys- 
ically unable  to  comply  therewith,  if  they  are  otherwise  qualified  to 
become  citizens  of  the  United  States:  And  provided  further,  That  the 
requirements  of  this  section  shall  not  apply  to  any  alien  who  has  prior 
to  the  passage  of  this  act  declared  his  intention  to  become  a  citizen  of 
the  United  States  in  conformity  with  the  law  in  force  at  the  date  of 
making  such  declaration:  Provided  further,  That  the  requirements  of 
section  eight  shall  not  apply  to  aliens  who  shall  hereafter  declare  their 
intention  to  become  citizens  and  who  shall  make  homestead  entries  upon 
the  public  lands  of  the  United  States  and  comply  in  all  respects  with 
the  laws  providing  for  homestead  entries  on  such  lands. 

SEC.  9.  That  every  final  hearing  upon  such  petition  shall  be  had  in 
open  court  before  a  judge  or  judges  thereof,  and  every  final  order  which 
may  be  made  upon  such  petition  shall  be  under  the  hand  of  the  court 
and  entered  in  full  upon  a  record  kept  for  that  purpose,  and  upon  such 
final  hearing  of  such  petition  the  applicant  and  witnesses  shall  be  exam- 
ined under  oath  before  the  court  and  in  the  presence  of  the  court. 

SEC.  10.  That  in  case  the  petitioner  has  not  resided  in  the  state,  ter- 
ritory, or  district  for  a  period  of  five  years  continuously  and  immedi- 
ately preceding  the  filing  of  his  petition  he  may  establish  by  two  wit- 
nesses, both  in  his  petition  and  at  the  hearing,  the  time  of  his  residence 
within  the  state,  provided  that  it  has  been  for  more  than  one  year,  and 
the  remaining  portion  of  his  five  years'  residence  within  the  United 
States  required  by  law  to  be  established  may  be  proved  by  the  deposi- 
tions of  two  or  more  witnesses  who  are  citizens  of  the  United  States, 
upon  notice  to  the  Bureau  of  Immigration  and  Naturalization  and  the 
United  States  attorney  for  the  district  in  which  said  witnesses  may 
reside. 

SEC.  11.  That  the  United  States  shall  have  the  right  to  appear  before 
any  court  or  courts  exercising  jurisdiction  in  naturalization  proceedings 
for  the  purpose  of  cross-examining  the  petitioner  and  the  witnesses  pro- 
duced in  support  of  his  petition  concerning  any  matter  touching  or  in 
any  way  affecting  his  right  to  admission  to  citizenship,  and  shall  have 
the  right  to  call  witnesses,  produce  evidence,  and  be  heard  in  opposition 
to  the  granting  of  any  petition  in  naturalization  proceedings. 

SEC.  12.  That  it  is  hereby  made  the  duty  of  the  clerk  of  each  and 
every  court  exercising  jurisdiction  in  naturalization  matters  under  the 
provisions  of  this  act  to  keep  and  file  a  duplicate  of  each  declaration 
of  intention  made  before  him  and  to  send  to  the  Bureau  of  Immigration 
and  Naturalization  at  Washington,  within  thirty  days  after  the  issuance 
of  a  certificate  of  citizenship,  a  duplicate  of  such  certificate,  and  to  make 
and  keep  on  file  in  his  office  a  stub  for  each  certificate  so  issued  by  him, 
whereon  shall  be  entered  a  memorandum  of  all  the  essential  facts  set 
forth  in  such  certificate.  It  shall  also  be  the  duty  of  the  clerk  of  each 
of  said  courts  to  report  to  the  said  Bureau,  within  thirty  days  after  the 


APPENDIX.  241 


final  hearing  and  decision  of  the  court,  the  name  of  each  and  every  alien 
who  shall  be  denied  naturalization,  and  to  furnish  to  said  Bureau 
duplicates  of  all  petitions  within  thirty  days  after  the  filing  of  the  same, 
and  certified  copies  of  such  other  proceedings  and  orders  instituted  in 
or  issued  out  of  said  court  affecting  or  relating  to  the  naturalization  of 
aliens  as  may  be  required  from  time  to  time  by  the  said  Bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  direction  shall 
refuse  or  neglect  to  comply  with  any  of  the  foregoing  provisions  he  shall 
forfeit  and  pay  to  the  United  States  the  sum  of  twenty-five  dollars  in 
each  and  every  case  in  which  such  violation  or  omission  occurs,  and  the 
amount  of  such  forfeiture  may  be  recovered  by  the  United  States  in  an 
action  of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in  naturalization 
matters  shall  be  responsible  for  all  blank  certificates  of  citizenship 
received  by  them  from  time  to  time  from  the  Bureau  of  Immigration 
and  Naturalization,  and  shall  account  for  the  same  to  tlxe  said  Bureau 
whenever  required  so  to  do  by  such  bureau.  No  certificate  of  citizen- 
ship received  by  any  such  clerk  which  may  be  defaced  or  injured  in 
such  manner  as  to  prevent  its  use  as  herein  provided  shall  in  any  case 
be  destroyed,  but  such  certificate  shall  be  returned  to  the  said  Bureau ; 
and  in  case  any  such  clerk  shall  fail  to  return  or  properly  account  for 
any  certificate  furnished  by  the  said  Bureau,  as  herein  provided,  he 
shall  be  liable  to  the  United  States  in  the  sum  of  fifty  dollars,  to  be 
recovered  in  an  action  of  debt,  for  each  and  every  certificate  not  properly 
accounted  for  or  returned. 

SEC.  13.  That  the  clerk  of  each  and  every  court  exercising  jurisdiction 
in  naturalization  cases  shall  charge,  collect,  and  account  for  the  follow- 
ing fees  in  each  proceeding: 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a  dupli- 
cate thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien  for  admis- 
sion as  a  citizen  of  the  United  States  and  for  the  final  hearing  thereon, 
two  dollars;  and  for  entering  the  final  order  and  the  issuance  of  the 
certificate  of  citizenship  thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  authorized  to 
retain  one-half  of  the  fees  collected  by  him  in  such  naturalization  pro- 
ceeding; the  remaining  one-half  of  the  naturalization  fees  in  each  case 
collected  by  such  clerks,  respectively,  shall  be  accounted  for  in  their 
quarterly  accounts,  which  they  are  hereby  required  to  render  the  Bureau 
of  Immigration  and  Naturalization,  and  paid  over  to  such  Bureau  within 
thirty  days  from  the  close  of  each  quarter  in  each  and  every  fiscal 
year,  and  the  moneys  ®o  received  shall  be  paid  over  to  the  disbursing 
clerk  of  the  Department  of  Commerce  and  Labor,  who  shall  thereupon 
deposit  them  in  the  treasury  of  the  United  States,  rendering  an  account 
therefor  quarterly  to  the  Auditor  for  the  State  and  other  Departments, 
and  the  said  disbursing  clerk  shall  be  held  responsible  under  his  bond 
for  said  fees  so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner  shall,  upon  the 
filing  of  his  petition  to  become  a  citizen  of  the  United  States,  deposit 
with  and  pay  to  the  clerk  of  the  court  a  sum  of  money  sufficient  to 
cover  the  expenses  of  subprenalng  and  paying  the  legal  fees  of  any 
witnesses  for  whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
31 


242  APPENDIX. 


charge  of  such  witnesses  they  shall  receive,  if  they  demand  the  same 
from  the  clerk,  the  customary  and  usual  witness  fees  from  the  moneys 
which  the  petitioner  shall  have  paid  to  such  clerk  for  such  purpose, 
and  the  residue,  if  any,  shall  be  returned  by  the  clerk  to  the  petitioner: 
Provided,  That  the  clerks  of  courts  exercising  jurisdiction  in  naturaliza- 
tion preceding®  shall  be  permitted  to  retain  one-half  of  the  fees  in  any 
fiscal  year  up  to  the  sum  of  three  thousand  dollars,  and  that  all  fees 
received  by  such  clerks  in  naturalization  proceedings  in  excess  of  such 
amount  shall  be  accounted  for  and  paid  over  to  said  Bureau  as  in  case 
of  other  fees  to  which  the  United  States  may  be  entitled  under  the  pro- 
visions of  this  act.  The  clerks  of  the  various  courts  exercising  juris- 
diction in  naturalization  proceedings  shall  pay  all  additional  clerical 
force  that  may  be  required  in  performing  the  duties  imposed  by  this  act 
upon  the  clerks  of  courts  from  fees  received  by  such  clerks  in  naturaliza- 
tion proceedings.  And  in  case  the  clerk  of  any  court  collects  fees  in 
excess  of  the  sum  of  six  thousand  dollars  in  any  one  year,  the  Secretary 
of  Commerce  and  Labor  may  allow  to  such  clerk  from  the  money  which 
the  United  States  shall  receive  additional  compensation  for  the  employ- 
ment of  additional  clerical  assistance,  but  for  no  other  purpose,  if  in 
the  opinion  of  the  said  Secretary  the  business  of  .such  clerk  warrants 
such  allowance. 

SEC.  14.  That  the  declarations  of  intention  and  the  petitions  for 
naturalization  shall  be  bound  in  chronological  order  in  separate  vol- 
umes, indexed,  consecutively  numbered,  and  made  part  of  the  records  of 
the  court.  Each  certificate  of  naturalization  issued  shall  bear  upon  its 
face,  in  a  place  prepared  therefor,  the  volume  number  and  page  number 
of  the  petition  whereon  such  certificate  was  issued,  and  the  volume 
number  and  page  number  of  the  stub  of  such  certificate. 

SEC.  15.  That  it  shall  be  the  duty  of  the  United  States  district  attor- 
neys for  the  respective  districts,  upon  affidavit  showing  good  cause 
therefor,  to  institute  proceedings  in  any  court  having  jurisdiction  to 
naturalize  aliens  in  the  judicial  district  in  which  the  naturalized  citi- 
zen may  reside  at  the  time  of  bringing  the  suit,  for  the  purpose  of  setting 
aside  and  canceling  the  certificate  of  citizenship  on  the  ground  of  fraud 
or  on  the  ground  that  such  certificate  of  citizenship  was  illegally  pro- 
cured. In  any  such  proceedings  the  party  holding  the  certificate  of 
citizenship  alleged  to  have  been  fraudulently  or  illegally  procured  shall 
have  sixty  days  personal  notice  in  which  to  make  answer  to  the  peti- 
tion of  the  United  States ;  and  if  the  holder  of  such  certificate  be  absent 
from  the  United  States  or  from  the  district  in  which  he  last  had  his  resi- 
dence, such  notice  shall  be  given  by  publication  in  the  manner  provided 
for  the  service  of  summons  by  publication  or  upon  absentees  by  the  laws 
of  the  state  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citizenship  under 
the  provisions  of  this  act  shall,  within  five  years  after  the  issuance  of 
such  certificate,  return  to  the  country  of  his  nativity,  or  go  to  any  other 
foreign  country,  and  take  permanent  residence  therein,  it  shall  be  con- 
sidered prima  facie  evidence  of  a  lack  of  intention  on  'the  part,  of  such 
alien  to  become  a  permanent  citizen  of  the  United  States  at  the  time 
of  filing  his  application  for  citizenship,  and,  in  the  absence  of  counter- 
vailing evidence,  it  shall  be  sufficient  in  the  proper  proceedings  to  author- 
ize the  cancellation  of  his  certificate  of  citizenship  as  fraudulent,  and  the 


APPENDIX.  243 


diplomatic  and  consular  officers  of  the  United  States  in  foreign  countries 
shall  from  time  to  time,  through,  the  Department  of  State,  furnish  the 
Department  of  Justice  with  the  names  of  those  within  their  respective 
jurisdictions  who  have  such  certificates  of  citizenship  and  who  have 
taken  permanent  residence  in  the  country  of  their  nativity,  or  in  any 
other  foreign  country,  and  such  statements,  duly  certified,  shall  be 
admissible  in  evidence  in  all  courts  in  proceedings  to  cancel  certificates 
of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set  aside  or  can- 
celed, as  herein  provided,  the  court  in  which  such  judgment  or  decree 
is  rendered  shall  make  an  order  canceling  such  certificate  of  citizenship 
and  shall  send  a  certified  copy  of  such  order  to  the  Bureau  of  Immigra- 
tion and  Naturalization;  and  in  case  such  certificate  was  not  origi- 
nally issued  by  the  court  making  such  order  it  shall  direct  the  clerk  of 
the  court  to  transmit  a  copy  of  such  order  and  judgment  to  the  court 
out  of  which  such  certificate  of  citizenship  shall  have  been  originally 
issued.  And  it  shall  thereupon  be  the  duty  of  the  clerk  of  the  court 
receiving  such  certified  copy  of  the  order  and  judgment  of  the  court  to 
enter  the  same  of  record  and  to  cancel  such  original  certificate  of  citi- 
zenship upon  the  records  and  to  notify  the  Bureau  of  Immigration  and 
Naturalization  of  such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to  certificates  of 
citizenship  issued  under  the  provisions  of  this  act,  but  to  all  certificates 
of  citizenship  which  may  have  been  issued  heretofore  by  any  court  exer- 
cising jurisdiction  in  naturalization  proceedings  under  prior  laws. 

Sections  16  and  17  repealed.  These  sections,  which  made  punishable  forging, 
etc.,  certificates  of  citizenship,  and  engraving,  etc.,  plates  for  counterfeiting  such 
certificates,  and  other  offenses  in  connection  therewith,  are  incorporated  in  the  act 
to  codify,  etc.,  the  penal  laws,  Act  March  4,  1909. 

SEC.  18.  That  it  is  hereby  made  a  felony  for  any  clerk  or  other  per- 
son to  issue  or  be  a  party  to  the  issuance  of  a  certificate  of  citizenship 
contrary  to  the  provisions  of  this  act,  except  upon  a  final  order  under 
the  hand  of  a  court  having  jurisdiction  to  make  such  order,  and  upon 
conviction  thereof  such  clerk  or  other  person  shall  be  punished  by  im- 
prisonment for  not  more  than  five  years  and  by  a  fine  of  not  more  than 
five  thousand  dollars,  in  the  discretion  of  the  court. 

Section  19  repealed.  This  section,  which  made  punishable  the  having  possession 
of  any  blank  certificate  of  citizenship  with  intent  to  unlawfully  use  the  same,  is 
incorporated  in  the  act  to  codify,  etc.,  the  penal  laws,  Act  March  4,  1909. 

SEC.  20.  That  any  clerk  or  other  officer  of  a  court  having  power  under 
this  act  to  naturalize  aliens,  who  willfully  neglects  to  render  time 
accounts  of  moneys  received  by  him  for  naturalization  proceedings  or 
who  willfully  neglects  to  pay  over  any  balance  of  such  moneys  due  to 
the  United  States  within  thirty  days  after  said  payment  shall  become 
due  and  demand  therefor  has1  been  made  and  refused,  shall  be  deemed 
guilty  of  embezzlement  of  the  public  moneys,  and  shall  be  punishable  by 
imprisonment  for  not  more  than  five  years,  or  by  a  fine  of  not  more  than 
five  thousand  dollars,  or  both. 

SEC.  21.  That  it  shall  be  unlawful  for  any  clerk  of  any  court  or  his 
authorized  deputy  or  assistant  exercising  jurisdiction  in  naturalization 


244  APPENDIX. 


proceedings,  or  to  demand,  charge,  collect,  or  receive  any  other  or 
additional  fees  or  moneys  in  naturalization  proceedings  save  the  fees 
and  moneys  herein  specified ;  and  a  violation  of  any  of  the  provisions  of 
this  section  or  any  part  thereof  is  hereby  declared  to  be  a  misdemeanor 
and  shall  be  punished  by  imprisonment  for  not  more  than  two  years,  or 
by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

SEC.  22.  That  the  clerk  of  any  court  exercising  jurisdiction  in  natu- 
ralization proceedings,  or  any  person  acting  under  authority  of  this  act, 
who  shall  knowingly  certify  that  a  petitioner,  affiant,  or  witness  named 
in  an  affidavit,  petition,  or  certificate  of  citizenship,  or  other  paper  or 
writing  required  to  be  executed  under  the  provisions  of  this  act,  per- 
sonally appeared  before  him  and  was  sworn  thereto,  or  acknowledged  the 
execution  thereof  or  signed  the  same,  when  in  fact  such  petitioner,  affi- 
ant, or  witness  did  not  personally  appear  before  him,  or  was  not  sworn 
thereto,  or  did  not  execute  the  same,  or  did  not  acknowledge  the  execu- 
tion thereof,  shall  be  punished  by  a  fine  not  exceeding  five  thousand  dol- 
lars, or  by  imprisonment  not  to  exceed  five  years. 

SEC.  23.  That  any  person  who  knowingly  procures  naturalization  in 
violation  of  the  provisions  of  this  act  shall  be  fined  not  more  than  five 
thousand  dollars,  or  shall  be  imprisoned  not  more  than  five  years,  or 
both,  and  upon  conviction  the  court  in  which  such  conviction  is  had 
shall  thereupon  adjudge  and  declare  the  final  order  admitting  such 
person  to  citizenship  void.  Jurisdiction  is  hereby  conferred  on  the 
courts  having  jurisdiction  of  the  trial  of  such  offense  to  make  such 
adjudication.  Any  person  who  knowingly  aids,  advises,  or  encourages 
any  person  not  entitled  thereto  to  apply  for  or  to  secure  naturalization, 
or  to  file  the  preliminary  papers  declaring  an  intent  to  become  a  citi- 
zen of  the  United  States,  or  who  in  any  naturalization  proceeding  know- 
ingly procures  or  gives  false  testimony  as  to  any  material  fact,  or  who 
knowingly  makes  an  affidavit  false  as  to  any  material  fact  required  to  be 
proved  in  such  proceeding,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

SEC.  24.  That  no  person  shall  be  prosecuted,  tried,  or  punished  for 
any  crime  arising  under  the  provisions  of  this  act  unless  the  indictment 
is  found  or  the  information  is  filed  within  five  years  next  after  the  com- 
mission of  such  crime. 

SEC.  25.  That  for  the  purpose  of  the  prosecution  of  all  crimes  and 
offenses  against  the  naturalization  laws  of  the  United  States  which  may 
have  been  committed  prior  to  the  date  when  this  act  shall  go  into  effect, 
the  existing  naturalization  laws  shall  remain  in  full  force  and  effect. 

SEC.  26.  That  sections  twenty-one  hundred  and  sixty-five,  twenty-one 
hundred  and  sixty-seven,  twenty-one  hundred  and  sixty-eight,  twenty-one 
hundred  and  seventy-three,  of  the  revised  statutes  of  the  United  States 
of  America,  and  section  thirty-nine  of  chapter  one  thousand  and  twelve 
of  the  Statutes  at  Large  of  the  United  States  of  America  for  the  year 
nineteen  hundred  and  three,  and  all  acts  or  parts  of  acts  inconsistent 
with  or  repugnant  to  the  provisions  of  this  act  are  hereby  repealed. 

SEC.  27.  That  substantially  the  following  forms  shall  be  used  in  the 
proceedings  to  which  they  relate : 


APPENDIX.  245 


DECLARATION    OP    INTENTION. 

(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 


I, ,  aged years,  occupation  . . ,  do  declare 

on  oath  (affirm)  that  my  personal  description  is:  Color ,  com- 
plexion   . .  . ,  height ,  weight ,  col6r  of  hair , 

color  of  eyes, ,  other  visible  distinctive  marks ;  I  was  born 

in   on  the day  of ,  anno  Domini  . . . .  ;  I  now 

reside  at  ;  I  emigrated  to  the  United  States  of  America  from 

on  the  vessel ;  my  last  foreign  residence  was 

It  is  my  bona  fide  intention  to  renounce  forever  all  allegiance  and  fidel- 
ity to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and  parties 

larly  to ,  of  which  I  am  now  a  citizen  (subject) ;  I  arrived  at  the 

(port)   of ,  in  the  State  (Territory  or  District)  of on  or 

about  the  day  of anno  Domini ;  I  am  not  an  an- 
archist; I  am  not  a  polygamist  nor  a  believer  in  the  practice  of 
polygamy;  and  it  is  my  intention  in  good  faith  to  become  a  citizen  of 
the  United  States  of  America  and  to  permanently  reside  therein.  So 
help  me  God. 

(Original  signature  of  declarant)   

Subscribed  and  sworn  to   (affirmed)   before  me  this  day  of 

,  anno  Domini 

[L.    S.]  

(Official  character  of  attestor.) 

PETITION    FOR  NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of to  be  admitted  as  a 

citizen  of  the  United  States  of  America. 
To  the Court : 

The  petition  of respectfully  shows : 

First.     My  full  name  is 

Second.    My  place  of  residence  is  number  street, 

city  of ,  State  (Territory  or  District)  of 

Third.    My  occupation  is 

Fourth.    I  was  born  on  the day  of  ......  at 

Fifth.     I  emigrated  to  the  United  States  from  ,  on  or  about 

the day  of ,  anno  Domini ,  and  arrived  at  the  port 

of ,  in  the  United  States,  on  the  vessel 

Sixth.     I  declared  my  intention  to  become  a  citizen  of  the  United 

States  on  the day  of  at ,  in  the  court 

of 

Seventh.    I  am  . .  married.    My  wife's  name  is She  was 

born   in    and  now  resides  at   ....      I  have   children, 

and  the  name,  date,  and  place  of  birth  and  place  of  residence  of  each 
of  said  children  is  as  follows :  ;  ;  

Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  organized  govern- 
ment or  a  member  of  or  affiliated  with  any  organization  or  body  of  per- 
sons teaching  disbelief  in  organized  government.  I  am  not  a  polygamist 
nor  a  believer  in  the  practice  of  polygamy.  I  am  attached  to  the  prin- 
ciples of  the  Constitution  of  the  United  States,  and  it  is  my  intention  to 
become  a  citizen  of  the  United  States  and  to  renounce  absolutely  and  for- 


246  APPENDIX. 


ever  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state,  or 

sovereignty,  and  particularly  to ,  of  which  at  this  time  I  am  a 

citizen  (or  subject),  and  it  is  my  intention  to  reside  permanently  in  the 
United  States. 

Ninth.    I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United  States  of  America 
for  a  term  of  five  years  at  least  immediately  preceding  the  date  of  this 

petition,  to  wit,  since ,  anno  Domini ,  and  in  the  State 

(Territory  or  District)  of for  one  year  at  least  next  preceding 

the  date  of  this  petition,  to  wit,  since   day  of   ,  anno 

Domini 

Eleventh.     I  have  not  heretofore  made  petition  for  citizenship  to  any 

court.     (I  made  petition  for  citizenship  to  the court  of  

at ,  and  the  said  petition  was  denied  by  the  said  court  for  the 

following  reasons  and  causes,  to  wit, ,  and  the  cause  of 

such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are  my  declaration 
of  intention  to  become  a  citizen  of  the  United  States  and  the  certificate 
from  the  Department  of  Commerce  and  Labor  required  by  law.  Where- 
fore your  petitioner  prays  that  he  may  be  admitted  a  citizen  of  the 
United  States  of  America.- 

Dated   

(Signature  of  petitioner)    


........  .  .  .  .  t  .......  ,  being  jluly  sworn,  deposes  and  says  that  he  is 

the  petitioner  in  the  above-entitled  proceeding  ;  that  he  has  read  the  fore- 
going petition  and  knows  the  contents  thereof;  that  the  same  is  true  of 
his  own  knowledge,  except  as  to  matters  therein  stated  to  be  alleged 
upon  information  and  belief,  and  that  as  to  those  matters  he  believes  it 
to  be  true. 

Subscribed  and  sworn  to  before  me  this  ......   day  of  .......  auno 

Domini  ........ 

[>•  s-]  ..................  , 

Clerk  of  the  .  .  ........  Court. 

AFFIDAVIT   OF    WITNESSES. 

........   Court  of  ........ 

In  the  matter  of  the  petition  of   ..........   to  be  admitted  a  citizen 

of  the  United  States  of  America. 


..........  ,  occupation  ........  ,  residing  at  ........  ,  and  .........  , 

occupation  ..............  ,  residing  at  ...........  each  being  severally, 

duly,  and  respectively  sworn,  deposes  and  says  that  he  is  a  citizen  of 
the  United  States  of  America;  that  he  has  personally  known  ........... 

the  petitioner  above  mentioned,  to  be  a  resident  of  the  United  States  for 
a  period  of  at  least  five  years  continuously  immediately  preceding  the 
date  of  filing  his  petition,  and  of  the  State  (Territory  or  District)   in 
which  the  above-entitled  application  is  made  for  a  period  of  ............ 

years  immediately  preceding  the  date  of  filing  his  petition;  and  that 
he  has  personal  knowledge  that  the  said  petitioner  is  a  person  of  good 
moral  character,  attached  to  the  principles  of  the  Constitution  of  the 


APPENDIX.  247 


United  States,  and  that  lie  is  in  every  way  qualified,  in  his  opinion,  to  be 
admitted  as  a  citizen  of  the  United  States. 


Subscribed  and  sworn  to  before  me  this day  of ,  nine- 
teen hundred  and   

[L.  8.]  

(Official  character  of  attestor.) 

CERTIFICATE    OF   NATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder)   

Description  of  holder :    Age, ;  height, ;  color ; 

complexion,   ;  color  of  eyes, ;  color  of  hair,  ; 

visible  distinguishing  marks, Name,  age,  and  place  of  residence 

of  wife, , , Names,  ages,  and  places  of  resi- 
dence of  minor  children,    ,   ,    ;    ,    ........ 


, 

Be  it  remembered,  that  at  a  term  of  the court  of 

,  held  at on  the day  of ,  in  the  year 

of  our  Lord  nineteen  hundred  and , ,  who  previous  to  his 

(her)  naturalization  was  a  citizen  or  subject  of  ,  at  present 

residing  at  number street,  city  (town), State 

(Territory  or  District),  having  applied  to  be  admitted  a  citizen  of  the 
United  States  of  America  pursuant  to  law,  and  the  court  having  found 
that  the  petitioner  had  resided  continuously  within  the  United  States 
for  at  least  five  years  and  in  this  state  for  one  year  immediately  pre- 
ceding the  date  of  the  hearing  of  his  (her)  petition,  and  that  mid  peti- 
tioner intends  to  reside  permanently  in  the  United  States,  had  in  all 
respects  complied  with  the  law  in  relation  thereto,  and  that  . .  he  was 
entitled  to  be  so  admitted,  it  was  thereupon  ordered  by  the  said  court 
that  .  .he  be  admitted  as  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed  on 

the day  of ,  in  the  year  of  our  Lord  nineteen  hundred  and 

,  and  of  our  independence  the  

[L.   S.]  

(Official  character  of  attestor.) 


248  APPENDIX. 


STUB    OF    CERTIFICATE   OF   NATURALIZATION. 

No.  of  certificate,  

Name ;  age, 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page  ...... 

Name,  age,  and  place  of  residence  of  wife, , ,   Names, 

ages,  and  places  of  residence  of  minor  children,  . . . . ,  . . . . ,  . . . .  ;  . . . .  > 


Date  of  order,  volume ,  page 

( Signature  of  holder)   

SEC.  28.  That  the  Secretary  of  Commerce  and  Labor  shall  have  power 
to  make  such  rules  and  regulations  as  may  be  necessary  for  properly 
carrying  into  execution  the  various  provisions  of  this  act.  Certified 
copies  of  all  papers,  documents,  certificates,  and  records  required  to  be 
used,  filed,  recorded,  or  kept  under  any  and  all  of  the  provision®  of  this 
act  shall  be  admitted  in  evidence  equally  with  the  originals  in  any  and 
all  proceedings  under  this  act  and  in  all  cases  in  which  the  originals 
thereof  might  be  admissible  as  evidence. 

SEC.  30.  That  all  the  applicable  provisions  of  the  naturalization  laws 
of  the  United  States  shall  apply  to  and  be  held  to  authorize  the  admis 
sion  to  citizenship  of  all  persons  not  citizens  who  owe  permanent  alle- 
giance to  the  United  States,  and  who  may  become  residents  of  any 
state  or  organized  territory  of  the  United  States,  with  the  following 
modifications:  The  applicant  shall  not  be  required  to  renounce 
allegiance  to  any  foreign  sovereignty ;  he  shall  make  his  declaration  of 
intention  to  become  a  citizen  of  the  United  States  at  least  two  years  prior 
to  his  admission ;  and  residence  within  the  jurisdiction  of  the  United 
States,  owing  such  permanent  allegiance,  shall  be  regarded  as  residence 
within  the  United  States  within  the  meaning  of  the  five  years'  resi- 
dence clause  of  the  existing  law. 


An  Act  to  validate  certain  certificates  of  naturalization. 
[Extract  from  Act  of  Congress,  approved  June  29,  1906.] 

That  naturalization  certificates  issued  after  the  act  approved 
March  third,  nineteen  hundred  and  three,  entitled  "An  act  to  regulate 
the  immigration  of  aliens  into  the  United  States,"  went  into  effect, 
which  fail  to  show  that  the  courts  issuing  said  certificates  complied  with 
the  requirements  of  section  thirty-nine  of  said  act,  but  which  were  other- 
wise lawfully  issued,  are  hereby  declared  to  be  as  valid  as  though  said 
certificates  complied  with  said  section :  Provided,  That  in  all  such  cases 
applications  shall  be  made  for  new  naturalization  certificates,  and  when 
the  same  are  granted,  upon  compliance  with  the  provisions  of  said  act 
of  nineteen  hundred  and  three,  they  shall  relate  back  to  the  defective 
certificates,  and  citizenship  shall  be  deemed  to  have  been  perfected  at 
the  date  of  the  defective  certificate. 


INDEX    TO 

GENERAL   ELECTION    LAWS 


The  Index  to  the  Primary  Election  Law  Immediately  Follows. 


INDEX. 


TO    GENERAL    ELECTION    LAWS. 
(References  are  to  Compiler's  Sections.) 

ADJOURNMENT  :  Sections. 

noon,   of  the   polls    in   townships,    proclamation,    etc  ........................  143,  182 

of   polling   places    ......................................................          177 

of  board  of  state  canvassers  ............................................. 

from  day  to  day  by  county  canvassers  ....................................          239 

final,  of  township  board  of  canvassers  subject  to  recall  ....................          252 

of   annual    township    meetings,   proceedings,    notice   of,   etc  ..................      303-5 

ALDERMEN  : 

to  constitute  board  of  registration  in  cities  .............................  84,  486-91 

to    act    as    inspectors    of    election  ........................................  139,  518 

when  two,  at  large  may  be  elected  in  fourth  class  cities,  term  of  office  ......          493 

number  of,  elected  at  first  election  in  cities  of  fourth  class  ................          496 

ALIENS  : 

naturalization  of,   see  appendix. 

AMENDMENTS  : 

and   revision   of   constitution,   how   made  ..................................      77-80 

constitutional,   secretary  of  state  to  certify   to   submission  .................. 

how   voted   for,   etc  ................................................ 

ballots,   how  printed,   voted,   etc  .................................... 

canvass  of  votes  on  .....................................................          192 

canvass  of  votes  by  state  board  on  constitutional  ..........................    212-13 

to   constitution   to   be   published   with   laws  ................................ 

duty  of  secretary  of  state  as  to  publicity  of  proposed  constitutional,  etc.  .  .  .          583 

ANNUAL   CITY   ELECTION: 

in   fourth   class   cities,   notices,   canvass,   return,   etc  ........................    511-26 

ANNUAL  MEETING  : 

applied    to    townships,    how    construed  .................................... 

ANNUAL  TOWNSHIP   MEETING    (see  township  meeting  and   April   election). 

APPEAL  : 

when  candidate  may,   to  circuit  court  for  examination,  etc.,  of  returns  ......         252 

APPOINTIVE  OFFICERS: 

by  the  governor,  etc.,   resignations  of,   when   made  .........................          440 

APPOINTMENTS  : 

members  of  legislature  not  to  receive  civil  ................................ 

of  election  inspectors  in  townships  having  more  than  two  districts,  by  whom.          26  1 
of  election  inspectors  in  village,  when  notice  given  ........................ 

temporary,    to  fill   vacancy   in   certain  offices   by   town   board  ................          34c 

of  person  to  fill  vacancy  in  office  of  county  treasurer,  by  whom  ............ 

in  office  of   register   of   deeds,    when   and   by   whom  ..................          41^ 

of  prosecuting  attorney  by  governor  ...................................... 

to  fill  vacancy  in  office  of  county  commissioner  of  schools,  by  whom  ........ 

officers  by,    resignations   of,   how   and   to   whom   made  ...................... 

vacancies    in   certain    state   offices   filled   by,   by    whom  ...................... 

of  county  officers  to  fill  vacancy,  by  whom 


of  certain  officers  in  cities  of  fourth  class,  by  whom  and  when  made  ........          A"X 

term  of  officers  holding  office  by,   in  cities  of  fourth  class  .................. 

APPORTIONMENT:  _0_ 

of    state    representatives,    ratio,    etc  ...................................... 

of    state    into   thirty-two    senatorial    districts  .............................. 

APPROVAL  OF  BONDS: 

of  county  officers,   by  board  of  supervisors  ................................ 

APRIL  ELECTIONS  (see  also  township  meetings). 

officers    elected    at,    in    townships  ........................................ 

county   commissioner  of   schools   to   be   elected   at  ..........................     4*J«? 

circuit   judges,    election   of,   canvass   of   votes,    term,    etc  ....................       ,2obi 

regents   of  university,   elected  at,   canvass  of  votes,   etc  .................... 

members   of   state  board   of   education   elected   at  .......................... 

superintendent   of   public   instruction   elected   at  ............................ 

justices    of   supreme   court   elected    at,    canvass,   etc  ........................    \ 

in    fourth    class    cities,    inspectors,    proceedings,    canvass,    etc  ................     511--0 


252  INDEX. 


ARREST :  Sections. 

of   person    leaving    room    with   ballot    or   pencil 163 

of   person    offending   against    elections,    who    to    cause 375 

ASSESSOR: 

in   city,    to   act   as   inspector   of   election 139 

ASSISTANCE  : 

of   voter   in   preparation   of   ballot 158 

where   voting  machines   are   used 564 

ATTORNEY  GENERAL: 

vacancy   in   office   of,   how   filled 452 

to  draft  forms,  etc.,  for  use  at  local   option  elections 606 

AUDITOR   GENERAL: 

when  to  act  as  member,  board  of  state  canvassers 201 

vacancy   in   office  of,   how  filled 452 

B. 

BALLOTS : 

number  of,   to  be  prepared   by   election   commissioners 147 

proof   copy   of,    when    placed   on    inspection 149,  229 

form  of,  perforation  of,  etc 152.  324 

arrangement  of  names  on , 152 

duty  of  printer,  as  to  printing,  delivery,   etc 154 

package  containing,   to  be  sealed,   certified,   and   receipted   for  upon  delivery.  .  156 

how   and   when   opened 159 

initialing  of    r, 159 

how   marked   by   voter,    folding  of 163 

by  whom   and  where  distributed,   to  have   initials,  etc 167 

assistance   of   voter    in    preparation    of 169 

unused    and    spoiled,    to    be   preserved,    etc 171-2 

canvass   of,    result,    how   declared,    statement,    etc 173, 175 

to  be  placed  in  box,   sealed,  etc 174 

limit    of   time   in    booth    while    preparing 179 

constitutional  amendments,   to  be  separate,   how  marked,   etc 183 

and    poll    lists   to   be   delivered   to    city    clerk 184 

duty  of  inspectors  upon  receipt  of,   of  challenged  voter 231-2 

when    may    be    produced    in    court 

proceedings   for  making   recount   of 252 

after   recount    to   be    sealed    up,    to   whom    returned... 257 

to   be   counted    and    compared    with    poll    list 

in  cities  of  fourth  class,   preparing  of,   etc 522 

for   local   option   election,    form  of,    who   to  furnish 594 

BALLOT  BOXES: 

who   to  provide,   where  kept,   lock   and   key  for 144-5 

when    marked    ballot   deposited    in 163 

to   whom   delivered 165, 174 

how  sealed,   care  of  key,  etc.,   returning  and  opening  of 165-6 

opening    of,    and    canvass    of    votes 173 

separate,    for   votes   on    constitutional   amendments,   how   marked 183 

when  may  be  produced  in  court 233 

when    may    be   opened    by    county    canvassers 239 

penalty   for  violation   of,   breaking   into,   etc 252,  373 

used    in    election    district,    where   deposited 266,  271 

common   council   may   provide,    for   city   primaries 284 

how   constructed,   kept  and   disposed   of  at   town  meetings 323 

in    cities    of   fourth    class,    by    whom    kept,    etc 515 

village  council  to  provide 536 

BALLOT    CLERKS: 

may  be  dispensed  with  in  election  districts  using  voting  machines 555 

BALLOT   LABELS: 

providing,    for    voting    machines 551 

BANKING   LAW: 

votes  on,   how   canvassed   and   returned 193,  212-13 

BETTING  : 

on   elections,   penalty,   proviso  as   to  fine 377-9 

BOARD  OF  COUNTY  CANVASSERS: 

in    certain   counties,    to   be   board   of   election   commissioners 148 

statements  of  election   forwarded   by   registered   mail   to 175 

duties    of    ]  85-93 

duty  of,  in  case  of  tie  vote 188 

to  make  duplicate  statement  of  district  canvass 189 

canvass  of  votes  by,  on  amendments 192 

who    to    constitute,    in    Wayne    county 236 

election,  powers  and   duties 236-48 

term  of  office  of,  oath,   etc 237 

when    to    meet    and    organize 238 

proceedings    of,    in    making    canvass 239 

to  make  statement  of  result   of  count 239 

proceedings   of,    in    case   of   tie   vote 240 

penalty   for  violation   of  act 244 

duties  of,   in   case  of  recount 245-8 

special    canvass   by,    for   state   senator  or   representative 249 

duty  of,  as  to  investigation,  etc.,  of  frauds,  etc.,  made  by  inspectors 252 

canvass  of  votes  by,   for  circuit  judge  and   regents 459,  465 

for    supreme    court    justices 363 


INDEX.  253 


BOARD   OF   DISTRICT   CANVASSERS:  Sections. 

statement   of  votes  by,   what   to   contain 186 

duty   of,   in  case  of  tie  vote 188 

who   to   constitute,   powers  and   duties 194-9 

when  and  where  to  meet  and  make  canvass 196 

manner  of  determining  person   elected 198-9 

to  certify  names  of  persons   elected 199 

to    publish    result    of   canvass 199 

BOARD  OF  EDUCATION   (see  state  board  of  education). 

BOARD    OF    ELECTION    COMMISSIONERS : 

county,  members  of,   duties,   etc 147-8 

unlawful  for,  to  cause  name  printed   in  more  than  one  column  on  ballot....  148 

exception   as  to  judge   in   10th   judicial    circuit 148 

duty   of,   to   correct   errors  in   proof   copy  of  ballot 149 

to    furnish    pencils,    etc.,    for    each    voting    precinct 155 

chairman  of,  to  certify  number  of  ballots  in  package,  etc 156 

when   may   designate   elector   ballots   may    be   delivered    to 157 

duty  of,  as  to  printing,  etc.,  of  ballots  for  constitutional  amendments 183 

township  board  to  constitute  township,  duties  of 228 

city,    who    to    constitute,    duties    of 228 

village,    who    to    constitute,    duties    of 288, 536 

when  political  committees  to  furnish,   with  names  of  candidates 229 

in   fourth   class  cities,  appointment,   duties,   etc 521-22 

duties  of,   as  to  voting  machines,   names  of  nominees,   instructions  to  voters, 

etc 550 

BOARD   OF   ELECTION   INSPECTORS    (see  inspectors  of  election). 

BOARD   OF  REGISTRATION: 

who   to   constitute,   for   cities   and   townships 84 

in   cities,    meetings   of,    powers   and   duties. . , 86-90 

in    townships,    who    to    constitute,    etc 92 

sessions  of,  when  held,   powers  and   duties 95 

to  review  and   correct   lists 101 

in   new   villages,   duty    of 105 

compensation  of  members  of : 110,  272,  354 

in  Wayne  county,  who  to  make  re-registration 

when,   in  session 113 

election   inspectors  to  constitute,   in  new  townships 

when   to  meet    115 

in    new   townships,    organization    of,    etc 117-19 

not  to  meet  where  intoxicating  liquors  are  sold 120 

penalty   for  violation 121 

duties  of,  as  to  registration  of  electors  in  districts 

membership,   how  constituted 265 

in    fourth    class   cities,    duties,    re-registration,    new     wards,     compensa- 
tion,  etc 486-91 

BOARD  OF  STATE  CANVASSERS: 

who   to    constitute,    duties   of,    etc 34, 201 

powers   and    duties   of 201-13 

secretary  of  state  to  appoint  time  of  meeting  of 

statement    of,    what    to    show 206-7 

when    to    canvass   votes    for    presidential    electors. 

may   adjourn    from    day    to   day 

canvass  by,  for  circuit  judges , 460 

for   regents  of  university 465 

for  justices  of  supreme  court 475 

BOARD    OF    SUPERVISORS: 

duties   of,    as   to   dividing  county    into    representative   districts 

when  special  elections  to  be  ordered   by 126, 135 

to  elect  board  of  county  canvassers 

duty  as  to  first  election   in   new  township 36£ 

may  select  person  to  fill  office  of  county  treasurer  in  case  of  vacancy,  etc....  406 

removal   and  appointment  of  county  officers  by 453 

when  may   authorize  the  use  of  voting  machines 576-80 

duty   of,   relative   to   local   option   elections 588-606 

BOND: 

of  justice  of  the  peace,   where  filed 

penalty  for  certain  township  officers  neglecting  to  file 344 

county    treasurer   to   give 405 

county  clerk  to  give,  amount  of  and  by  whom  approved 409 

of    sheriff    411 

of  coroners  412 

of    register   of   deeds 41S 

of  county  surveyor 415 

when  certain  county  officers  to  give,  with  whom  filed 41  < 

of  circuit   court   commissioner 425 

county   commissioner   of   schools » 428 

county   drain   commissioner   to   execute  and  file 431 

of  county  mine  inspector 437 

approval    of    county    officers',    by    supervisors 439 

when   probate   or   circuit  judge  may   approve 

officers  in  cities  of  fourth  class  to  give,  by  whom  examined,  with  whom  filed. .  502-4 


254  INDEX. 


BOOTHS :  Sections. 

pencils,   etc.,    to   be   furnished   for  each 155-6,  159 

admittance  of  voters  to,  in  the  order  in  which  they  apply 158 

to  be  erected   in   voting   room,    number   of  and   specifications  for 158 

elector  to  mark  and  fold  ballot  in 163 

marking  of  ballot  of  physically  incapable  person  to  be  done  in 169 

limit   of  time  elector  may   remain   in 179 

for  primaries  in  cities,  who  to  provide,   notices,  etc 277 

voting   machine,    assisted    elector   to   be    left    alone   in 564 

BRIBERY : 

penalty   for   attempted,    of   elector 371 

who  deemed  guilty  of 380,  382 

C. 
CANDIDATES  : 

not  to  act  as  inspector  of  election 139 

name  of,   nominated  by  two  or  more  parties,   unlawful   to  be  printed   in  more 

than  one  column  on  ballot 

exceptions   as   to   circuit   judge   of   10th   judicial    circuit 

names  of,  and  vignette  adopted,  to  be  sent  to  chairman 148 

order  of  placement  of,  on  ballot  for  November  and  April  elections 152 

in   case  of  death,    removal   or   withdrawal   of 153 

unlawful   to   influence  voter  to  vote  for  or  against 170, 180 

names  of,  when  and  by  whom  given  to  commissioners 229 

contesting  election,  to  file  petition  for  recount  of  ballots  and  make  deposit.  .245,  257 

to  be  notified   of  recount  by   county   canvassers 246 

filing  petition   for  recount  to  make  deposit,   etc.,   when   may   appeal   to  circuit 

court     252 

"primaries"  for  choosing,  for  office,  in  cities,  how  construed,  etc 274 

at  city  primaries,  unlawful   to  solicit  money  from,   influence  voter,   etc 285-6 

at  convention,  unlawful  for  delegate  to  solicit  money,   etc 

legitimate    election    expenses    of 

not   to   provide   refreshment   for   corrupting  voter,   penalty 

election  of,  who  commits  bribery,  void 

penalty   for  offering  reward,   etc.,   to   support 400-2 

in  fourth  class  cities,  in  case  of  tie  vote  for 524 

primary   election   law   for   nomination   of 610-66 

CANVASS  OF  VOTES  : 

how  conducted,  what  ballots  void,  etc 173 

result  of,  how  declared,  statement,  etc 175 

on  constitutional   amendments 183,   192,  212-13 

for   state   and    county    officers 

who  to  constitute  board  for  district * 194 

when  and  where  district   canvassers  to   meet   for 196 

state,   when  and  how  made t 206-13 

for    presidential    electors,    when    made 210 

method  of,   by   board   of  county   canvassers 239 

petition  of  candidate,  in  alleged  fraud  or  error  in 

special,  for  state  senator  or  representative  to  fill  vacancy 

proceedings   for  correction   of  frauds,   etc.,   in,   etc.,   made  by   inspectors 252 

in  district,  how  and  by  whom  performed ! 266-7 

at    township    elections 330-3 

at  primaries,   penalty  for  inspectors  making  false 392 

for   circuit   judge,    how    conducted,    etc 458-9 

for  regents  of  university 464-5 

for  justices  of  supreme  court,  state  and  county 473-5 

in   fourth    class   cities,   how    conducted 522 

at  village  election,   law   governing 539 

number  of  pamphlets  showing  result  of,  at  April  election,  by  whom  printed.  .  582 

at  local  option  election,  statements,  where  filed 596 

CANVASSERS   (see  board  of  county  canvassers;  board  of  district  canvassers;  board 
of  state  canvassers). 

CANVASSERS'    STATEMENTS  : 

how   made  up,   certified,    where   filed 187 

CAUCUS : 

or  primaries  in   cities,   act  relative  to 274-95 

punishment   for   offenses   at 389-97 

CERTIFICATE  : 

of  election,  county  clerk  to  make  and  deliver 190 

of  determination   by   state  board   of  canvassers 208 

candidate    not    receiving,    of    election    may    have    returns    examined,    etc.,    in 

circuit    court    252 

of  statement   relative  to   results,   etc.,   of  canvass 332-3 

of  election  in  fourth  class  cities,  where  filed,  etc 523 

and   statement   of  votes,   to   be   filed    with   village   clerk 539 

CERTIFIED   COPIES: 

clerk   to  furnish  secretary   of  state  with,  of  county   canvass 242 

CHAIRMAN : 

of  board  of  election  inspectors,  when  supervisor  to  be .  146 

of  board  of  election  commissioners 147 

of  board  of  election  inspectors  in  each  precinct,  to  procure  ballots,  etc 156 

of  board  of  county  canvassers,   election   of,   etc 238 

of  election  inspectors  in  fourth  class  cities 518 


INDEX.  255 


CHALLENGE :  Sections. 

of    person    not    registered 98 

proceedings   in    case   of 161,  326 

duty  of  inspectors  to,  disqualified  elector 162 

of  elector  at  city  primaries,  oath,  etc 280-1 

challenged  voter  to  wait  until  others  have   voted 282 

of  voter   in   townships,    duty   of   moderator 362 

of  voters  at  primaries,   oath,   when  vote  received,  etc • 391-2 

CHALLENGED  VOTER: 

duty  of  inspectors  upon   receipt   of  ballot   of 231-2 

CHALLENGERS : 

number  of,  position  assigned,  powers  and  authority  of,  removal  of 160 

duties   of,    in   assisting   voters 169,  564 

CHIPPEWA   COUNTY: 

county  commissioner  of   schools  in,   to  be   elected   at   general   election 428 

CIRCUIT  COURT: 

when   candidate   may   appeal   to,   for  examination,   etc.,   of  returns 252 

judge  of.  may  fill  vacancy  in  office  of  county  clerk  or  prosecuting  attorney.  .  450 

CIRCUIT   COURT   COMMISSIONER: 

election    of,    term    of    office,    etc 421-3 

when    counties    entitled    to    two 421 

when   two,   elected,   county   canvassers  to  designate  successor 422 

oath    and    bond    of 424-5 

vacancy   in   office   of,    how   filled 426 

salary,    certain    acts    providing,    of    $1,000    repealed 427 

CIRCUIT    JUDGES: 

term   of   office   of,    when   elected 39 

in   10th   judicial   circuit,   exception   as   to  form   of  ballot 148 

when  to  designate  successor  of  circuit  court  commissioner 423 

when    may    approve    county    officers'    bonds 439 

when   may   remove   county   clerk 447 

may   fill  vacancy   in   office  of  county   clerk   or  prosecuting  attorney 450 

election   of,    canvass  of  votes,    term,    etc 454-61 

CITIES: 

when,    entitled    to    more    than    one    representative 11 

board  of  registration  in,  who  to  constitute,  etc 84 

section    relative  to   registration    in,   not   to   apply   to   certain 

opening   and    closing   of    polls    in.    and    townships 182 

who  to  constitute  board  of  election   commissioners   in 228 

duties  of    228 

act   relative   to   primaries   in,   of   certain   population 274-95 

under   15,000,   how  may   conduct   primaries 291 

when,    may    purchase    voting   machines 546 

CITIES   OF  THE   FOURTH   CLASS  : 

registration    in,    duties    of    board,    re-registration,    etc 484-91 

what  officers  in,  to  be  elected 492 

when   two  aldermen   at   large  may  be  elected   in 493 

appointments  of  certain  officers  in.  made  by  mayor  with  council's  consent.  .  .  .  494-5 

officers  elected,   appointed  or  filling   vacancy   in,   term   of  office 496-9 

qualifications   for  holding  office  in 500 

officers  in,   when  to  take  oath   and  give  bond 501-4 

elections   in,   inspectors,   conducting  of,   canvass,   returns,   etc 511-26 

CITY  CLERK: 

list   of   registration   signed  by   board   and  filed   with 90 

to  deliver  register  to   election   inspectors 91 

when  to  deliver  and   certify   to  copy   of   register  of  electors  to  elector 102 

to   forward   secretary    of   state,   number   of    registered   names 109 

to  provide  ballot   box.   key,   election   seal,   etc 

printed    instructions    to    voters    furnished    by 168 

to   have   charge  of  ballot   box 

duty   of,   a's  to   duplicate   statements   of  result   of   election 175 

ballots  and  poll   lists  to  be  delivered   to 184 

to   be  notified  of  holding  of  primaries 283 .. 

in  fourth  class  cities,   notice  of,   as   to   registration 490 

notices  of   election   given   by 514 

duty  as  to  ballot  boxes,  certificate  of  election,  etc 515,  523-26 

CITY  COUNCIL: 

when,   may  authorize  the  use  of  voting  machines  at  city  elections 546 

CITY    OFFICERS: 

removal   of,    for   certain   reasons,    by   whom 446 

what,   in  cities  of  fourth   class  to  be   elected 494 

appointments  of  certain,   in  cities  of  fourth   class  when  and  by  whom   made.  .     494  5 
terms  of,   oath  and  bond,   appointments  of,   etc 497-502 

CIVIL  PROCESS: 

not  to  be   served   on   election   day 225 

CLASSIFICATION  : 

of  justices   of   the  peace,    in   case  of  no  previous  election 

in    new    townships 339-42 

in   case  of  election  to  fill   vacancies 343 

CLERKS   OF  ELECTION: 

how   may   register  name  on   election  day 

in   townships   and    cities 

duty  as  to  entering  names  on  poll  list 

to  compare  poll   lists,  etc 164 


256  INDEX. 


CLERKS  OF  ELECTION— Continued.  Sections. 

use    of    liquors    by,    on    election    day 178 

compensation    of    354 

not  effective  until   ratified  by   electors 355 

rules,   etc.,  governing  conduct  of,   where  voting  machines  are   used 556 

COLUMBUS  DAY: 

designated  as  a  legal   holiday 609 

COMMISSIONER  OP  HIGHWAYS: 

election   of,   term   of  office 296,   299,   300 

when   overseer   to  assume   duties   of 

designation  of  persons  to  fill  vacancy  of,  on  ballot 326 

COMMITTEES  : 

state,   county   and   district,    to  forward   to   county   election   commissioners  vig- 
nette  and   names   of   candidates 

political,    in   townships,   cities   and   villages,   duties  of 

party,  to  designate  time  for  holding  primaries  in  cities 276 

may   make  rules  as   to  registration   at   city   primaries 289 

COMMON   COUNCIL: 

to   provide   for   by   ordinance,   division   of   voting    precinct 

may  cause  political  parties  to  hold  primaries  at  same   time 

of  cities  under  15,000  may  enact  ordinance  as  to  conduct  of  primaries 

authority  of,  as  to  opening  and  closing  of  saloons  on  election  days 404 

in  fourth  class  cities,  may  divide  wards  into  precincts 485 

duty   as   to   board   of   registration 486 

when   may  provide  for  election  of  two  aldermen  at   large 493 

duty   as   to   elections,   notices,    etc 513-26 

when,    may   purchase   voting   machines 546 

COMPENSATION  : 

of  members  of  boards  of  registration 110,  272,  354 

of  gate  keepers 176 

of  sheriff  and  county  canvassers  for  election  services 223 

of    district    canvassers,    how    paid ..  224 

of  board  of  county  canvassers 236 

election    inspectors    to   receive 263 

to  members  of  board  of  registration  in  villages 274 

of   township  officers 354-6 

of  board   of  registration   in   fourth   class   cities 486 

in  fourth  class  cities,  of  inspectors  of  election 517 

of    village    election    inspectors 534 

CONSTABLES  : 

election   of,   term   of  office,   number  of 53,    296,   300 

duty  as  to  offenses  against  elections 375 

to  close  saloons,  etc.,   found  open  on  election  day,   and  report  to  prosecuting 
attorney     388,  404 

CONSTITUTIONAL  AMENDMENT    (see  amendments). 

CONSTITUTIONAL   PROVISIONS  : 

relative    to    elections 1-82 

CONTESTED  ELECTION: 

proceedings   in   cases   of   a 233-5,  253-59 

CONVENTION  : 

Srimaries   in   cities   for   choosing  delegates,    etc.,    to 274 

elegation  to  city  or  county,   vacancy,  how  filled 287 

unlawful  for  delegate  to  solicit  money 288 

delegates   to,   elected   by   ballot,    in   case   of   tie,    etc 290 

of  political   parties,  act  to  protect  and  punish  offenses  at 390-98 

delegates    to,    or   primary,    certain   acts,    misdemeanor 393 

not   to   give  proxies 399 

vacancies  in  delegations  to  political,  how  filled 399 

penalty    for    offering   and    soliciting   money    at    political 400-2 

CORNER : 

upper  right  hand,  on  front  side  of  ballot  to  be  perforated  and  numbered.  . .  .  152 

perforated,  to  be  torn  off  by  inspector 163 

CORONERS : 

term   of  office,   when  elected,   to  give  bond 412 

vacancy  in  office  of,  how  and  when  may  be  filled  temporarily 448 

COUNTIES : 

closing  of  polls  in,  where  all  precincts  use  voting  machines 143 

when  unorganized,  considered  organized  for  election  purposes 221 

when,    entitled   to   two   circuit   court    commissioners 421 

apportionment,  of   state  senators   and   representatives  among.  .  585-6 

COUNTY  CANVASS  : 

of  votes 185-93 

clerk    to    make    three    copies    of 241 

original  copy,  where  filed 241 

COUNTY  CANVASSER: 

compensation   of,   by   whom   allowed,    etc 223 

COUNTY  CANVASSERS    (see  board  of  county  canvassers). 

COUNTY  CLERK: 

list   of  electors,   election   inspector   to   file   with 89 

township   clerk   to  file  copy   of  register  with 104 

duties  of.  as  to  special  election  to  fill  vacancy 135 

an   election    commissioner 147-8 

proof  copy  of  ballot,  when  to  be  filed  in  office  of 149 

impression  of  vignette,   etc.,   when  filed   in  office   of .  .  150 

printed   instructions  to  voters,   duty   as  to 168 


INDEX.  257 


COUNTY  CLERK— Continued.  Sections. 

tally   sheet   and  statement  of  canvass  forwarded  to 175 

poll  lists  to  be  delivered  to,  and  filed  by 184 

canvasser's  statement  to  be  filed  with 187 

duty    of,    on    receipt    of    district    canvass 189 

to    certify    persons    elected 190-1 

duty  of,   as  to  return  of  canvass  on  amendments 192 

to   be   member  of   board    of   district   canvassers 194 

duty  of,   when  unable   to   attend  district   canvass 197 

to   furnish   secretary   of   state  copy   of   determination  of  district   canvassers.  .  200 

to   notify   persons   elected 200 

to  file  notice  of  vacancy  in  office  of  congressman 217 

to   notify    members    of    county    canvassers    of    election 236 

to  be  member  of  board  of  county  canvassers 236 

to  make  three  copies  of  county   canvass 241 

to    file    original , ;.  .  241 

to  furnish   secretary   of  state,   certified  copies   of  county   canvass 241-2 

penalty   for   neglect   of  duty   as  county   canvasser 243 

duty   of,   as  to   furnishing  blanks   for   making  election   returns..., 251 

return  of  names,  etc.,  of  persons  elected  or  appointed  to  be  made  to 351 

term   of  office,   when   elected,   to   give  bond 408 

when,   to   transmit   to   secretary   of   state   certified   list   of  certain   officers....  410 

supervisor  to  notify,  of  \vacancy  in  office  of  treasurer  or  justice  of  the  peace  442 

removal  of,  when  and  by  whom 447 

vacancy  in   office  of,   may  be  filled  by  circuit   judge 450 

and    prosecuting    attorney    may    appoint    to    fill    vacancies    in    certain    county 

offices 450 

statement  of  vote  for  circuit  judge,  to  whom   sent,   etc 459 

certificates  of  determination  of  village  election,  to  be  filed  with 540 

duty  of,  relative  to  voting  machines 553 

returns  of  vote  of  certain  officers  at  general   election  by,  when  and  to  whom 

election    returns    from    senatorial    districts   made    to.  .  ;• 587 

duty    of,    when    presented    with    petition    to    submit    question    of    prohibiting 

liquor  traffic  in  county 

to  forward   to   secretary    of   state   transcript   of   resolution   of   prohibition ....  600 

when  to  make  copy  of  poll  list,  fee  for 604 

COUNTY   COMMISSIONER   OP   SCHOOLS  : 

to  be  elected  at  April  election,  term  of  office,  to  file  oath  and  bond 428 

eligibility  to  office  of 429 

vacancy  in  office  of,  how  and  by  whom  filled 430 

COUNTY  COMMITTEES  : 

state,  district  and.  to  forward  to  county  election  commissioners,  vignette  and 

names   of   candidates    r 148 

COUNTY   DRAIN  COMMISSIONER: 

election   of,   oath,   bond,   term   of  office,   etc 431 

appointment   of,    to   fill   vacancy 431 

COUNTY  OFFICERS: 

election,    term   of  office,    etc 47,  49 

special   elections   of,   by   whom   ordered 126 

duty   of  sheriff  as  to   general   election   choosing 137 

statement  of  votes  for,  by  county  canvassers 185 

county  clerk  to  forward  list  of,  to  secretary  of  state 191 

proceedings    in   case   of   tie   vote   for 240 

oath   of   office,    bonds   of 416-17 

elected   at  general   election,   when   terms  of  office  to  commence 420 

inspector  of  mines,    when   elected,   term,   qualifications,   bond,   etc 433-8 

approval   of  bonds   of,   by   board   of   supervisors 439 

when  judge   of  probate  or  circuit  court  judge  may  approve  bonds  of 439 

vacancy    in    office   of    certain,    how   filled 443.  450 

removal   of   certain,   by   whom 444-6 

removal   and  appointment  of,  by  board  of  supervisors 453 

COUNTY   SURVEYOR: 

term   of  office,    when   elected,   to  give   bond 415 

vacancy  in  office  of,  how  filled  temporarily 450 

COUNTY  TICKET: 

order   of    arrangement 152 

COUNTY  TREASURER: 

term   of   office,   when   elected,   to  give   bond 405 

vacancy  in   office  of,  how  and   by   whom   supplied 406 

to  file  "bonds  given  by  certain  county  officers 417 

COURTS : 

jurisdiction  of,  for  offenses  against  registration  laws 107 

proceedings  of,  in  cases  of  contested  election 234-5 

having  charge  of  offenses  against  elections,  duty  as  to  grand  jury 376 

D. 

DEATH : 

in  case  of,  etc.,  of  candidate 153 

DELEGATES : 

to  conventions,  primaries  in  cities,  for  choosing 274 

to  city   or  county   convention,   vacancies,   how   filled 287 

elected  to  city   or  county   convention   not   to  give  proxy 287,399 

soliciting  of  money  by,  misdemeanor 288 

to  convention,  how  elected,   ballots  in  case  of  tie,  etc 290 

penalty    for    soliciting    money    or   reward 400-2 

33 


258  INDEX. 


DELEGATES  —  Continued.  Sections. 

to   primary    or    convention,   certain    acts   a    misdemeanor  .................... 

caucuses    for   appointment   of,    to    conventions,    when    to    begin,    etc  ..........          398 


made  by   candidates   filing  petition  for  recount  of  ballots  ............  245,  247,   252-3 

DETERMINATION  : 

of   state   canvassers  to   be   published  ...................................... 

of  result  of  election  of  circuit  judge,   by  whom  given  ......................          460 

of  state  canvassers  as  to   result  of  election  of  justices  of  supreme  court.... 

of  council  in  fourth  class  cities  of  result  of  election  ........................          523 

DETROIT  CITY: 

section  relative  to  registration  not  to  apply  to  ............................ 

DIRECT   NOMINATIONS: 

act    relative    to  .........................................................    610-66 

DISTRICT   CANVASS: 

of   votes    ..............................................................  186  200 

duplicate   statement    of,    where    filed,   etc  ..................................          189 

DISTRICT  CANVASSER: 

compensation   of,   how   paid  .............................................. 

DISTRICT  CANVASSERS    (see  board  of  district  canvassers). 

DISTRICT   INSPECTORS    OP   ELECTION    (see   also   inspectors   of  election). 

appointment  and  election  of,   in  townships   having  more   than   two  districts.. 

duties   of,    as   to   canvassing   votes   in   districts  ............................          266 

DISTRICT   NO.    1  : 

who  to  constitute  board  of  election   inspectors  in  .......................... 

statements,   etc.,   relative   to  election   in  village  districts   to  be  deposited   with 

inspectors   of    ........................................................  266,  271 

election   inspectors   in   village,   of   whom   to   consist  .........................          270 

DISTRICT   NO.  2: 

who  to  constitute  board  of  election   inspectors   in  ..........................          262 

DISTRICTS,    ELECTION: 

division  of  townships  and  villages   into,   and  providing  for  registration  ......     260-73 

DISTRICTS,   REPRESENTATIVE  : 

counties    constituting   one,    returns    of,    where    made  ........................          585 

DISTRICTS,    SENATORIAL: 

apportionment    of    state    into    thirty-two  ..................................          586 

DISTURBANCES  : 

exciting,  at  election,  etc.,  misdemeanor  ..........................  ..  .........          403 

DIVISION  : 

of    election    districts  ....................  .  ............................... 

of  township  into  election  districts  ........................................ 

DRAIN  COMMISSIONER   (see  county  drain  commissioner). 
DRAWING   LOTS: 

when  canvassers  may  determine  person  elected  by  .......................... 

DRUNKENNESS  : 

cause  for  removal   from   office  ............................................          449 

DUPLICATE   STATEMENTS  : 

of  result  of  canvass  of  votes,  how,  by,  and  to  whom  delivered,  etc  ..........          17o 


ELECTION  BOARD   (see  inspectors  of  election). 

ELECTION    COMMISSIONERS    (see    board    of    election    commissioners). 

ELECTION  DAY: 

registration    of    names    on 91,97 

bringing  of  liquors  into  polling  place  on,  penalty 178 

civil   process   not   to   be   served   on 225 

penalty   for  sale  of  liquor  on * 388-9 

saloons,  etc.,  to  be  closed  on,  arrests,  penalty,  etc 404 

ELECTION    DISTRICTS: 

division  of,  proceedings,  how  governed 142 

in   cities,    council    to    provide   by   ordinance 142 

when    township    may    be    divided    into 260 

boundaries,  etc.,  of,  entered  on  record  of  township  board 261 

notice  of  first  election  or  township  meeting,  when  given 261 

who  to  constitute  board  of  election  inspectors  in  different 262 

registration    of  electors    in 265 

canvass  of  votes  in,  by  whom  statement,  etc.,  to  be  made 266 

time  of  meeting  of  electors  in,  to  transact  business  and  canvass  votes 267 

division  of  village  into 268-9 

election  inspectors  in  village,  of  whom   to  consist 270 

when    township   board    may    abolish   division    of   township    into 273 

each  ward  in  fourth  class  cities,   when  to  be 489 

using  voting  machines  may  dispense   with   ballot   clerks   and   gate  keepers....  555 

ELECTION    EXAMINERS: 

duty  of,   as  to  recount  of  ballots  in   contest  of  election 256 

board    of.    of   whom   to   consist,    how   selected 258 

ELECTION   EXPENSES: 

legitimate     381 

ELECTION   INSPECTORS    (see   Inspectors  of  election). 

ELECTION    RETURNS : 

of    the    various    representative    districts,    where    made 585 

of  the  senatorial  districts,  where  made ...  587 


INDEX. 


259 


ELECTION :  Sections. 

of   members  of   legislature,    when   held 20 

of  justices  of  peace 43 

of  circuit  judges,  providing  for,  canvass  of  votes,  etc 39,  454-61 

of   probate   judge,    when    held 42,  408 

of  electors  for  president,  etc.,  when  held 129,  218 

candidate  for,   not  to  furnish   entertainment,   etc.,   to  voters 180 

county   clerk   to  notify   persons   of 190 

of  county   canvassers,   when   and   by   whom 238 

when  notice   of  first,    in   election   districts  be  given 261 

manner  of,  of  election  inspectors  in  townships  having  more  than  two  districts  262 

notice  of  first,   in  village  districts,   when  given 270 

of  delegates  to   convention,   ballot,   tie,   etc 290 

notice  of,  to  township  office,  when  transmitted  by  clerk 336 

of   candidate   who   commits   bribery,   void ' 386 

of  county  treasurer   405 

of    county    clerk 409 

of    sheriff    411 

of  coroners    412 

of  register  of  deeds 413 

of   county    surveyor 415 

of    circuit    court    commissioner,    term    of    office,    etc 421 

of   county    commissioners   of   schools 428 

in   Chippewa  and  Lake  counties 428 

of   county    drain    commissioner   by   board   of    supervisors 431 

notice   of,    to   fill    vacancy    of   county    officers 453 

of  regents,   canvass  of  votes,   statements,  etc 462-5 

justices  of   supreme   court,    canvass,    vacancy,   etc 468-75 

of   TJ.    S.    senator,    act   relative   to 476-8 

in  cities  of  fourth  class,   what  officers  to  be  elected  at 

in    incorporated    villages,    when    annual    held 532 

ELECTIONS  : 

for  provisions  of  U.  S.   constitution  relative  to,  see  appendix. 

who    entitled    to    vote    at 

proceedings   relative    to    registration,    etc 84-113 

illegal   voting   at,    penalty   for 

notice  of,   to  fill  vacancy   in  certain  offices 

duty  of  sheriff  as  to  notifications  of 

duties  of  township  clerks  or  inspectors  as  to  notifications  of 

election    inspectors   to   keep   order,    etc.,    at 

canvass  of  votes,  how  conducted,  void  ballots,  etc I'd 

gate  keepers,    powers   and   duties    at 

not  to  be  held   in   saloons,   changing  of  polling  place 

intoxicating    liquors,    penalty    for    bringing,    into   polling    place 

general,    penalty    for    violating   provisions    of 

general,   opening  and   closing  of   polls   in   cities  and   townships 

where   unorganized    counties    considered    organized    for   purposes   of 

proceedings   in    cases   of   contested 233-o, 

in    what    manner,    conducted    by    election    inspectors 

first,  in  new  townships 

penalty  for  neglect   of  officers   to  perform   duties,   etc 

canvass  of  votes  at,  in  districts  and  townships 

illegal   voting  at,   penalty   for • 

manner   of   conducting,    in   village  districts • 

in  townships  where  division  into  districts  has  been  abolished,  how  conducted 

act  relative  to  holding  of  primaries  in  cities o£? 

ballot  boxes,  seals,  etc.,  penalty  for  violation • p<* 

betting,   selling  pools,   bribery,   etc. |<  <-§- 

primary,  act  to  protect  and  punish  offenses  at «*yu-y» 

in  cities  of  the  fourth  class:  „ 

electors  in,   wards  may  be  divided   into  precincts 48 4- o 

annual    city,    when    held,    etc.,    special &j  1  -A - 

notice,    opening   of    polls,    inspectors,    etc KIQ  OR 

manner  of  conducting,   result,   in  case  of  tie roo 

annual,    in    villages,    when    held ;?;*- 

special,  how  appointed,  when  held j^j* 

village,  manner  of  conducting ;  •  •  • : •.;. £?« 

who  may  authorize  the  use  of  voting  machines  at  township,  city  or  village.  .  o« 

ELECTIONS,    GENERAL:  00   „ 

state    officers    elected    at,    term    of    office QS 

words,    how   construed 1 5^ 

when   held    • -  A~q 

when  secretary   of  state   to   give  notice   relative   to i  o- 

notice  of,   choosing  county  officers 

duties  of  township  clerks  or  inspectors  as  to  notices  of 

inspectors   at,   who  to   constitute,   oath,   etc •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  • 

division   of   township   into  districts   to   be  made  twenty  days   before  nrst... 
returns  of  vote  of  certain  officers  cast  at,  when,  to  and  by  whom  made.  . . 


182 


263 
264 
265 
266 
267 
271 
273 


1  QO 

ldy' 


138 


™ 


ELECTIONS,  MUNICIPAL:  927  9Q 
manner  of  conducting  ...................................................  " 

ELECTIONS,  PRIMARY:  Rin  RR 

general  law  ....................................................  '  ........  ' 


260  INDEX. 


ELECTIONS,   SPECIAL:  Sections. 

registration  board,   meetings,   etc.,    in   cities  and  townships 88.95 

in   what    cases    may,    be    held 123 

when,   not   to   be  held 125 

when,  to  be  ordered  by  board  of  supervisors 126 

how    conducted    127 

relative  to   vacancies,   when   secretary   of   state  to  notify   sheriffs 

duties  of  board  of  supervisors  and  county  clerk  as  to 135 

canvass   of   votes   on    constitutional    amendments   at 192 

canvass  of.   to  fill   vacancy   in   office  of   state   senator   or   representative 249 

in  fourth  class  cities,  how  called  and  by  whom,  etc 512-13 

ELECTIONS,   TOWNSHIP  : 

manner    of    conducting 227-9 

ELECTIONS,  VILLAGE: 

duty   of   inspectors   at    first,    as    to    registration 105 

township    clerk    to    furnish    list   of    electors    at   first 105 

council  to  determine  result  of 540 

ELECTION   SEAL  : 

who  to  have  charge  of,  etc 174 

ELECTIVE   OFFICERS: 

resignations    of,    how   and    to    whom    made 440 

ELECTORS : 

qualifications   of i 

privilege   of,    from    arrest 5 

registration  of,  act   relative  to 84-113 

challenge    of    vote    by 9g 

actual    residence   of,    in   township,   etc.,    condition    of   registration 100 

may    demand    certified    copy    of   register    of   electors 102 

penalty  for  fraudulent   registration   by 106 

number  of,   to  be   recorded  by   secretary   of   state 109 

re-registration   of,   in   Wayne  county 113 

proceedings  when,   are  challenged,   oaths,    etc 161-2 

manner  of  voting  by,   straight   and   split   tickets,   folding  of  ballot,   etc 163 

voting   by,    incapable    of   marking    ballot 16# 

proceedings,  if,  vote  for  more  than  one  person 172 

spoiled  ballot   172 

limit  of  time,  may   remain   in  booth 179 

candidate  not  to  furnish  entertainment,  etc.,  to 180 

penalty  for  obstructing,   etc ; 181 

duty  of   inspectors  when,   are  challenged 231-2 

to  vote  in  districts  in  which  they  reside <?64 

registration   of,    in   districts 265 

district   register  of,   where  deposited 266 

time  of  district   meeting  of,   to   transact   business  and    canvass  votes 267 

registration    of,    in    villages 272 

qualification    of,    at    school    meetings 364 

bribery   of,   penalty   for  attempt 371 

not  qualified  to  vote,  penalty  for  illegal  voting " 372-3 

penalty  for  offering  position,   etc.,   to,   for  vote 380-2 

penalty  for  threatening  to  discharge,  to  influence  vote 384 

at  primaries,   challenge  of  vote,   when   received,   etc 391 

qualifications    of,    to    vote    at    primary    election 395. 

in  fourth   class  cities,   who  deemed  to  be,   residence,  etc 485 

registration  of.  board,  notices,  etc 486-91 

unable  to  vote  intelligently,  by  whom  and  how  assisted 564 

ELIGIBILITY  : 

of  gate  keepers   176 

to  vote  at  city  primaries 280 

to    office    in    townships 363 

EMPLOYE : 

state,  not  deemed  to  have  lost  residence 1 

threatening  to  discharge,  to  influence   vote,   penalty 385 

EMPLOYMENT : 

promise   of,    for   vote,    bribery .  .  S8O 
ENTERTAINMENT  : 

candidate  for  election  not  to   furnish,  etc 180 

ERASING  OF  NAMES  : 

on  ballots    163 

ERRORS : 

in   proof   ballot,   by   whom    corrected 149^ 

proceedings   for   correction   of,    etc.,    in   canvass,    etc.,    made   by   inspectors  252 
EXPENSES  : 

of  board   of  registration   in   cities,   how   paid,   etc 85 

election,    legitimate     381 

etc.,   for  refreshments  to   corrupt  voter,   unlawful  for   candidate  to   pay....'..  383 

F. 
FEES: 

of   clerk   for   making   copy   of   register   of   electors 102 

FELONY : 

violation    of   general    election    law    a 181 

FEMALE  : 

when,    may   hold    office   of    school    inspector ...  363 

when  may  vote 4,  365-8 


INDEX. 


261 


FENCE :  Sections. 

or  railing  to  be  ei'ected  in  voting  room,  who  to  provide  and  erect.  .  158 

FIRST  TOWNSHIP   MEETING: 

in  new  township,  inspectors,  etc 369 

FOLDING  OF  BALLOT: 

manner   of    .  .  163,  324 

FOREIGN   LANGUAGE: 

when  instructions  to  voters  printed  in 168 

FOURTH  CLASS  CITIES   (see  cities  of  the  fourth  class). 
FRAUD : 

petition   of   candidate   for  correction   of.    in   canvass 245 

proceedings  for  correction  of,  etc.,  in  canvass,  etc.,  made  by  inspectors 252 

G. 

GATE   KEEPERS: 

in    voting    room,    how    appointed,    duties,    oath,    etc 158 

of   elections,   powers,   duties,   eligibility,   etc.,   of 176 

may    be    dispensed   with    in   election    districts   using   voting    machines 555 

GATES.  ENTRANCE  AND  EXIT: 

to  be  erected  in  fence,  etc.,  in  voting  room,  keepers  of,  how  appointed,  duties, 

etc 158 

GOVERNOR : 

to   fill    vacancies   in    state    offices 25, 452 

eligibility   to    office  of 28 

to  certify  names  of  presidential  electors  to  secretary  of  state  of  TJ.   S 220 

county   clerk   to   send   copy   of   county   canvass   to 241 

to  fill  vacancy  in  office  of  circuit  court  commissioner 426 

to  fill  vacancy  in  office  of  mine  inspector 436 

resignation   of,    to   whom   tendered 440 

to  fill   vacancy  caused  by   resignation   of  appointive  officer 440 

may    remove   officers    for   certain    reasons 446 

when,    may   remove   certain   officers   collecting   public   moneys 448 

vacancy   in  office  of  justice  of  supreme   court,   filled  by 471 

to  certify  election  of  IT.   S.   senator  to  president  of  TJ.  S.   senate 478 

to    fill    vacancy    in    office    of    state    highway    commissioner 479 

H. 
HOLIDAYS  : 

days   designated    as    legal 60  <  -9 

I. 

IDENTIFICATION  : 

of  ballot  of  unqualified  elector 231-2 

ILLEGAL   VOTING: 

penalty    for ,   99,  372 

INFLUENCING  OF  VOTER: 

unlawful,    at    polling    place * 1<0 

at  city  primaries    

penalty  for  attempted 371 

INITIALS  : 

inspector  to  place,   on  ballot 

ballot  to  be  folded  so  as  to  show,  of  inspector 163 

ballots   not   having,    declared   void 1»* 

INSPECTION  : 

of  proof  ballot  by  election  commissioners,  errors  corrected 

when  proof  copy  of  ballots  open  for 

proviso   as   to,    of   ballot    in   contested    elections 

INSPECTOR  OF  MINES : 

when    elected,    term,    qualifications,    bond,    etc AOO 

appointment   of  deputies 

INSPECTORS  OF  ELECTION: 

in  cities,  duty  as  to  filing  list  of  electors  with  county  clerk 

when  city  clerk  to  deliver  register  to 91 

how    may    register   names    on   election    day 97 

when  township  clerk  to  deliver  register  of  electors  to .  .  . .  .  in 

duty  of,   on  challenge  of  vote 9»,   1  >i-A  ^gi 

penalty  for,   receiving  unlawful  vote ^ 

at  first  village  election,  duty  of |Y<* 

in  new  townships  to  constitute  board  of  registration A** 

duty  of,  as  to  notification  of  election i*° 

candidates  for  office  not  to  act  as 

when,    chosen    viva   voce •  •    1oQ  |V 

who    to    constitute,    oath,    etc v  •  • ;. -,  A  ooo 

to  cause  proclamation  to  be  made  on  opening  and  closing  of  polls 1*0,  «i~- 

noon  adjournment  in  townships,  duty  of,   as  to J*f 

when   to   designate  one  of   own   number  chairman |^« 

when  fully  organized,  may  open  package  containing  ballots J-»« 

to   give  receipt   on  delivery   of   ballots,    etc j2x 

duty  of   chairman  of,   to   procure  ballots,   etc .  •  •  • •  •  •  •  •  • 

when   none   of   board   of,    appear   at   county   clerk's   office,   ballots  may   t 

patched   by   special    messenger |g' 

at   opening  of  polls,  to  appoint   gate  keepers • 

delivering  ballots  to  have  at  all  times  in  hand  twenty-five  signed  ballots 


262  INDEX. 


INSPECTORS    OF    ELECTION—  Continued.  Sections. 

one,   designated  to  mark   initials  on  ballot  ................................  159 

package  containing  official  ballots  to  be  opened  in  presence  of  ..............  159 

number  of  ballots  delivered  to,  at  opening  of  the  polls  ....................  159 

to  protect  challenger  in  discharge  of  duty  ................................  160 

one  of,   to   deliver  ballot  to  voter  ........................................  163 

initials  of,  to  show  when  ballot  is  folded  ..................................  163 

duty  of,  on  receiving  marked  ballot,  tear  off  corner,  etc  ....................  163 

key,  seal,  etc.,  to  be  delivered  to  members  of  ............................  .,  .  165 

returning  and  opening  of  ballot  box  ......................................  166 

distribution  of  ballots  by  ................................................  167 

duties  of,  and  challengers  as  to  assisting  certain  voters  ....................  169,  564 

unlawful   to  influence  voter  ..............................................  170 

duty  as  to  unused  and  spoiled  ballots  ..................................... 

board   of,   duty,   etc.,   as   to   canvass  of  votes  ..............................  173 

chairman  of,  to  have  charge  of  keys  of  ballot  box  ..........................  174 

canvass  of  votes,  duty  as  to  statement,  etc  ................................ 

not  to  hold  election  in  saloons,  etc.,  changing  of  polls  ......................  177 

penalty  for  use  of  liquors,  or  intoxication  of,  at  polls  ......................  178 

regulations  as  to   time  voter  may   remain   in  booth  ........................  179 

duty  of,  as  to  canvassing,  etc.,  of  votes  on   constitutional   amendments  ......  183 

to   place  number  before  name   of  each   voter  ..............................  230 

appointment  and  election  of,   in  townships  having  more  than  two  districts.  .  262 

who  to   constitute  board   of,   in  different  election  districts  ..................  262 

duties,  powers  and  compensation  of  .....................................  263,  354-5 

duties  of,  as  to  canvassing  votes  in  districts  ..............................  266 

duties  of,  as  to  consolidation  of  reports  from  district  meetings  ..............  267 

in   villages,    who   to   be,    compensation,    etc  ................................  270,  534 

duties  of,  as  to  conducting  elections  in  village  districts  ....................  271 

at  primaries  in   cities,   who   to   compose,   vacancy,   etc  ......................  279 

duty   as   to   challenged   voters  ......................................  280 

duty    as    to    registering    voter  ......................................  289 

duty  as  to  election  of  delegates  to  convention  in  case  of  tie  ..........  290 

when   majority   of,    may   adjourn   township   meeting,   proclamation   and   notice, 

etc  .......................................................  ;  ..........  303,  304 

at  annual   township   meetings,    same   as   at  general   elections  ................  319 

in  absence  of  town  clerk,  to  appoint  clerk  of  meeting,  oath,  etc  ............  321 

authority  to  preserve  order,  etc  ..........................................  327 

to  make  certified  statement  of  canvass  ....................................  332-3 

to  determine  choice  by   lot   when  candidates  receive  equal  number  of  votes.  .  334 

of  first  township  meeting,  duty,   etc  ......................................  369 

duty  as  to  offenses  against  elections  ......................................  375 

at  primaries,  certain  acts  of,   a  misdemeanor  ..............................  392 

duty  of,  as  to  election,   canvass,   etc.,   of   circuit  judges  ....................  455 

regents  of  university,  duty  as  to  election  of  ..............................  464 

duty  as  to  election  of  supreme  court  justices,  canvass,  etc  ..................  472 

in  cities  of  the  fourth  class,  notices  of  special  election   delivered   to  ........  513 

proclamation   of  opening  and   closing  of   polls  .......................  516 

who    to   constitute,    etc  ............................................  517 

chairman    and    clerk,    etc  ..........................................  518-19 

in  villages,  to  cause  proclamation  made  at  polls  at  election  in  ..............  537 

duty  of,  at  elections  in,  canvass  of  votes,  etc  ........................  540 

to  receive  instruction  relative  to  operation  of  voting  machines  ..............  554 

rules,  etc.,  governing  conduct  of,  etc.,  where  voting  machines  are  used  .......  556 

duties  of,  as  to  instructions  to  voters  and  time  voters  may  remain  in  booth.  561 

duty  of,  in  assisting  elector  where  voting  machine  used  ....................  564 

statements  relative  to  proposed  amendments,  etc.,  posted  by,  in  polling  places  583 

copy  of  order  for  local  option  election,  to  be  sent  to  ........................  593 

INSPECTORS  OF  PRIMARIES  : 

in  cities,  election  of,  vacancy,   etc.  .  079 

INSTRUCTION   BALLOT: 

printed  on  red,  etc.,  papers,  who  may  procure  for  circulation  .......  154 

INSTRUCTIONS  : 

to  voters,   form  of  ballot  ................................................  152 

printed,  who  to  furnish,  where  hung,  etc  ..................................  168 

in   foreign   language  .....................................................  168 

for  voters  as  to  voting  machines  to  be  placed  in  booths,  when  and  by  whom  .  .  556 

personal,   how   and   by   whom  given   where  voting  machines  are  used  ......  564 

INTERPRETER  : 

board  of  registration   may  employ  ..............................  86,  95 

election    of   additional,    in    certain   counties  ................................  408 

JUDGE  OF  PROBATE  : 

when  elected    ....................................................  42 

an    election    commissioner,    chairman  ..........................  147 

statement  of  election  sent  by  mail  in  care  of  ......................  175 

when  member  of  board  of  district  canvassers  ....................  ..........  194 

petition  by  candidate   intending  to   contest  election  made  to....  °53 

duty    of,    relative   to    contest   of   election  ...............................  255 

term  of  office,  when  elected  .....................................  .........  408 

may  appoint  person  to  fill  office  of  register  of  deeds  in  case  of  vacancv,  etc.  414 

Te  county  omcers'  bonds  ....... 


circuit   judges,   election   of,   canvass   of  votes,   etc  ......  .    454  61 


INDEX. 


263 


JUSTICES    OF    SUPREME    COURT:  Sections. 

number  of,  and  term  of  office 37 

when  elected,  vacancy,  term,  canvass  of  votes,  etc. .  468-75 

JUSTICES  OF  THE   PEACE: 

election  of,  term  of  office,   vacancy,  classification,  etc 43,  296,   298 

may   be   appointed   to   fill   vacancy    in   registration   board 85 

when    to    constitute   member   of   board   of   registration 92 

to  act   as   inspectors  of  election 139 

when   to    serve   on   board   of  registration 265 

bond  and  oath  of 298 

designation   of  persons  to  fill   vacancy  of,  on   ballot 325 

when,   to  enter   upon   their   duties 337 

when    office   of,    deemed    vacated 338 

classification  of,  in  new  townships,  manner  of  deciding 339-40 

in  case  of  election  to  fill  vacancies,  manner  of  deciding 343 

resignation   of,   how   made,   where   filed 346 

town  clerk  to  give  notice  to  county  clerk,  of  election  of,  term  of  office,  etc.  .  352 

duty    as    to    offenses    against    elections 374 

supervisor  to  notify  county  clerk  of  vacancy  in  office  of 442 

removal   of,   for   certain   reasons,   by   whom , 446 

two,  to  be  elected  at  first  election  in  cities  of  fourth  class 496 

when,  in  cities  of  fourth  class  to  enter  upon  duties 499 

in  cities  of  fourth  class,  when  and  how  to  take  oath  of  office  and  file  bond.  501-2 

K. 

KENT  COUNTY: 

board  of  election  commissioners  in,  who  to  constitute 147 

KEY: 

to   ballot    box,    who    to   provide,    etc '  144-5 

of  ballot  box,  to  whom  delivered 165-6,  174 

L. 

LAKE    COUNTY: 

county    commissioner    of    schools,    election    of,    etc 423 

LEGISLATURE  : 

when  may   rearrange  senate  districts  and  apportion  representatives 12 

election    of    members    of,    when    held 20 

In    case    of    tie    or   contested    vote,    duty    of 75 

list  of  members  of,  to  be  forwarded  to  secretary  of  state 191 

special  canvass  of  vote  to  fill  vacancy  in,  during  session  of 249 

penalty  for  attempt  to  corrupt  vote  of  member  of,  for  U.   S.  senator 387 

resignations   from,    how   and   to    whom    made 440 

U.   S.   senator,  when  and  how  elected  by 476-8 

apportionment   of   representatives    in 585 

apportionment   of   senators   in 586 

LIEUTENANT  GOVERNOR : 

in  case  of  tie  vote  for,  legislature  to  choose 

resignation   of,    to   whom   tendered 440 

LIQUORS:  10A 

boards  of  registration  not  to  meet  where,  are  sold 

penalty    for    violation 

not  to  be  taken   into,  or  used  in  polling  place,  penalty,  etc 178 

penalty  for  sale  of,  on  election  day,  or  after  polls  close 3883 

places  where,  sold,  etc.,  to  be  closed  on  election  days 404 

prohibition   of   sale  of,    in   counties 5°° 

of  names  for   registration,    duties   of  registration   board ^4"1ort 

of  registration  in  cities,  board  to  sign  and  file 

of  presidential   electors,    when   and   to   whom    certified 

of   persons  voting  at   town   meeting,   to   be   kept   by   clerk rf^o 

LOCAL  OPTION:  -as  ftnft 

law    governing,    elections    °88 

LOCKS:  1fi-R 

care  of  key,   etc 16Q°_;5 

on   ballot    boxes,    penalty    for   breaking,    etc *•' 

LOT  * 

drawing   by,    to  determine   election   of   county   officers,   etc 

in   case  of  tie,  village   council   to  determine  by 

M. 

MANNER  OF  VOTING  :  1fta 

marking  and  folding  of  ballots '• 

MARKING  OF  BALLOTS:  1Ro 

section  relative  to 

MEETINGS  :  fls  Q_ 

of  board  of  registration  in  cities  and  townships 88>-,o« 

time  and  place  of,  of  board  of  district  canvassers JJJ> 

of  board  of  county  canvassers -£? 

for  registration  of  electors,  how  often  held £«£ 

district,  notice  and  time  of  holding l*'*ii * . OR? 

district,  of  electors  to  transact  business  and  canvass  votes,  time  of ^OT 


264  INDEX. 


MESSFNCFR*  Sections. 

when'  special,    may    be   dispatched    with    ballots   to   voting   precinct 

to   file   receipt    and   affidavit    after   delivery    of   ballots 

secretary  of  state  may  send  special,  for  statement  of  votes 

MILITARY   DUTY:  R 

elector  exempt  from,   on  day   of  election 

MISDEMEANOR:  .  nft 

violation   of  registration   laws   deemed   a |U£ 

bringing    liquors,    etc.,    in    polling    place    a 

attempt  to  identify  ballot   of  elector  deemed  a 

when   clerk   of  county  canvassers  guilty  of ««£« 

to  solicit  money,  or  influence  voter  at  city  primaries O°QC 

for  delegate  to  convention   to   solicit   candidate 

who    deemed    guilty    of,   as   to    offenses    against    primaries <*• JU 

when   candidate   or  delegate  guilty   of   a 

disturbance   at   election,    etc.,    a 

MONEY  :  oo-  « 

offering  or   soliciting,   at  city   primaries  a   misdemeanor -«o 

soliciting  of,  by  delegate  to  convention,  unlawful Q-Q  5 

penalty   for  betting,    $100   more   or   less   upon  election g<« 

refraining  to   vote  for,   or   receiving,    penalty OQO 

delegate  at  primary  accepting,  guilty  of  misdemeanor o» g 

penalty   for   soliciting  or  offering,   at   political   conventions 

MUNICIPAL   ELECTIONS: 

manner  of  conducting ^ ' 

N. 

NAMES' : 

registration  of,   of  electors  in  cities   and   townships 88, 95 

registering   of,    on    election    day 91,  97 

not  entitled  to  registration  in  townships 

of  electors  dead  or  removed,  how  marked  on  register 

order  of  placement  of,  on  ballot  for  November  and  April   elections 

of   candidates,   when   and   by  whom    furnished   commissioners 

of  electors   transcribed   from  township   to  district   register 265 

and   addresses  of  persons  elected   or  appointed,   returned  to   county   clerk ....          351 

NATURALIZATION  : 

of   aliens    (see   appendix). 

NEWSPAPERS  : 

notice  of  meeting  of  board  of  registration  to  be  published  in 

determination    of   district    canvassers    to    be   published 

secretary   of  state  to   publish   certificates  of  election   in 

county    canvassers    to    publish    result    in 

statements  relative  to  proposed  amendments,  etc.,  when  published  in 583 

NEW   TOWNSHIP: 

first  election  in,   place  of  meeting,   etc 369 

NOMINATION  : 

political,    act   to   prevent   betting  upon   result   of,    penalty,    etc 378-9 

of  candidates   for   local   offices,   caucuses,   when   to   begin,   etc : 398 

NOMINATION  OF  PARTY  CANDIDATES  : 

act   relative  to  direct 610-66 

NOMINEE : 

of   two  parties,   to  give  notice   specifying  choice,   how   given 

for  ward  office,  how  elected,  etc.,   at  primaries 

names  of,  to  be  arranged,  etc.,  in  connection  with  voting  machines,  by  whom         550 

NOON    ADJOURNMENT: 

of  the  polls,   in   townships 

in   townships,    certain    section   not    to   apply    to 182 

NOTICE  : 

board   of   registration    to   give 80 

boards  of  registration   in  cities  to  give,  of  meeting,   etc 

what  to  contain,  how  given,  etc 89 

of    registration    in    villages 95 

of  meeting  of  board  of  registration   in  new  townships 119 

of  election  to  fill   vacancy  in  certain  offices,   when  and  by   whom  given 131 

when  secretary  of  state  to  give,  relative  to  general   election 132-3 

from  sheriff  relative  to  elections,  what  to  contain 136 

of  holding  election,  when  given,   what  to  contain 137-8 

by  nominee  of  two  parties,  to  specify  choice,  how  given 148 

of   changing  of  polling  place,   how  and   by   whom  given 177 

of  vacancy   in   office   of  congressman,    to   whom  given,    etc 217 

to  candidates  of  recount 246 

candidate  filing   petition   for   recount   of  ballots   to  give  opposing   candidate.  .          252 
of  division  of  townships  into  election  districts,  posting  and  publication  of.  ...          260 

of  changing  election  districts,  what  to  contain,  when  posted 261 

when,    of   first   election   in   election   district   to   be   given 261 

of  meeting  for  registration  of  electors 265 

in   districts    265 

of  division  of  village  into  districts,  when  posted,  etc.,  what  to  contain 268 

of  first  election   and  first  appointment   in  village  districts,   when   given 270 

of  time  for  holding  primaries   in  cities,   by  whom  given 

of   special    township   meeting,    when   town    clerk   to   give 315 

as  to  classification   of  justices  in  new  townships,   when  and  by   whom   served. 

what    to    state     339 


INDEX.  265 


NOTICE  —  Continued. 

of   first   township   meeting,   how  given,   etc.  bectlon|a 

of  holding  caucuses,   how  given,   etc  ____  ..........         xxz 

and  county  Oflice5;  '  whVtt  *™-  ":":::•.:".•.:  :«s,  11! 


.    .  . 

of  registration   in  new  wards   in  fourth  class  cities.'! 

of  special   election   in  fourth  class  cities,  by  whom  given,'  'contents  '  etc  '  ' 

special-  by  whom  ani1  <"->  '-*  '•  •  •' 


special- 

whomgiTen 


county   clerk   to   give 

secretary  of  state  to  make  and  deliver  to  persons  .'  .'  .'  .'  '  .'  .'  .'  .'  .'  .'  .'    209-11 

NUMBER  : 

on   ballot,  on  upper  right  hand  corner  .................  15<> 

of  ballot  voted  to  correspond  to  same  on  poll  list 

inspectors    to    place,    before    name    of   each    voter  .........  !.!!!!!!!!!!!!!!!         230 

O. 

OATH: 

constitutional,    form    of  ...............................  73 

registration  board   may  require  applicant  to  take  86 

of  elector  registering  on  election  day,  by  whom  given,  etc  97 

of  members  of  board  of  registration  ......................  HI 

of  inspectors  and  clerks  of  election  .....................  .....  141    093    053 

of  gate  keepers  at   election  ...............................  ........  '  158 

tendered    to    challenged    voter  ....................................  .....  .161  280-1 

taken  by  person  appointed  on  board  of  registration  ...............  265 

of  justice  of  the  peace,   when  taken  ...............................  298 

taken   by   township  officers,   with   whom  filed,   by   whom   certified,   etc!..'!!!  335 

of  office   by   certain   county,,  officers,   when   subscribed,   with   whom   filed  ......  416 

of    office    of    circuit    court  '  commissioner  ..............................  424 

county   commissioner  of  schools  to  file,   with  county  clerk  ____  ..............  428 

of  office  of   state   highway   commissioner  ........  479 

OFFENSES  : 

against   registration   laws,   jurisdiction  of   courts   in  ........................  107 

against   election   laws,   penalties,    etc  ................................  370-6 

OFFICERS  : 

to  be  elected  at  general  election  ..........................................  122 

county,  special  elections  of,  by  whom  ordered  ..............................  126 

term   of  office  of  elective  ................................................  226 

primaries  in   cities   for  choosing  ..........................................  274 

elected  at  town  meetings,  at  one  o'clock,  viva  voce  vote,  etc  ................  328 

at  elections,   penalty   for  neglect   to  perform   duties,   etc  ....................  370 

penalty  for  betting  on  result  of  election  of  ................................  377 

when  certain  county,  to  give  bonds,   with  whom  deposited  ..................  417 

OPENING  : 

and   closing  of  polls   in  counties  where  all   precincts  have  voting  machines.  .  143 

of  ballot  box  when   seal  broken,  etc  ......................................  165-6 

and   closing  of  polls  in  cities  and  townships  .............................. 

of   fourth    class  ...................................................  516 

OVERSEER  OF  HIGHWAYS  : 

election  of,   term   of  office,  number  of  ................................  53,   296,  316 

appointment   of,    to   fill   vacancy  ..........................................  317 

when,  to  assume  duties  of  highway  commissioner  .......................... 

when,   elected  at  township  meeting  to  file  notice  of  acceptance  ..............  336 

penalty   for   refusing   to   serve  as,    when   exempted   from   penalty  ............  344 

P. 

PACKAGE  : 

containing  ballots,  how  wrapped,  tied,  sealed  and  delivered,  etc  ..............          156 

containing  official   ballots,   when   and   how   opened  ..........................  156,  159 

PAMPHLETS  : 

number   of,    showing   result  of   votes  at   April   election,   by   whom   printed   and 

mailed    ..............................................................          582 

PARTY  ORGANIZATION: 

committee  of,   may  direct  holding  of   primaries   in  cities  by   voting  precincts. 
PARTY   PRIMARY: 

ward   or   precinct   failing   to   hold,    at   designated   time   not   to   be   represented 
at   election,   etc  ....................................................... 

clerk   to   be   notified    of   time   of   holding  .................................. 

PARTY   REGISTRATION  : 

in    wards,    at    primaries    in    cities  ........................................ 

PARTY  TICKET: 

place  of,  on   ballot,  how  governed  ........................................ 

how   marked,    folded,    straight   ticket,    etc  .................................. 

PASTERS  : 

furnished   when   name  omitted   from   ballot  ................................ 


266  INDEX. 


PENALTY :  Sections. 

for   making   false    statement    for    registration 86-7 

for  fraudulent  registration 94-7,   106,   108 

for    illegal    voting 99, 372 

for  false  entry  on  register  of  electors 101 

for  mutilating  register,  or  forging  name 

registration  boards  not  to  meet  where  liquors  are  sold,  for  violation 121 

of   challenged   elector   swearing   falsely 

for  bringing  liquors  into  or  using,   in  polling  place 178 

for  violation   of  provisions   of  general    election   law 

for  exposing  or  identifying  ballot  of  elector 232 

for  violation  of  act  by  board  of  county  canvassers 243-4 

for  violation   of   city   primary   act 294-5 

for  certain  township  officers  neglecting  to  qualify  or  refusing  to  serve 

for    disorderly    conduct    at    township    meetings 357-61 

for  wilful   neglect  of  duty  under  election   laws 37O 

for    attempt    to    bribe    elector 

for  aiding,  procuring,  etc..,   unqualified   voter 

for   violation   of   ballot   box 374 

for    betting,    etc.,    on    elections 377-9- 

for  offering  position,   or  corrupting  voters,   etc 380-4 

for  sale,  etc.,  of  liquors  on  election  day 388.  404 

for  violation   of   act   for   protection   of   primaries 391-2 

for  violation   of   act,   relative   to   political    delegations 399-402 

for   causing   disturbance   at   election,    etc 403 

PENCILS  : 

to  be  furnished  each  voting  precinct 155-6, 159- 

PERFORATED  CORNER: 

of   ballot,    where   numbered,    etc 

when  torn  off,  initials  not  to  be  placed  on 159, 163 

PETITION  : 

in   case  of  contested  election,   what  to  state,   etc 

of   aggrieved   candidate,   when   and   where   filed 245. 

for  corrections  of  canvass,  etc.,  when  and  to  whomjjpade,  etc.,  what  contain. 252,  254 

to   submit   question,   of  prohibiting  liquor   traffic,   to^electors 59O 

POLITICAL   COMMITTEES  : 

in  townships,  cities  and  villages,  duties  of 

not    required    to    furnish    vignette 

when   to   furnish   names   of   candidates 229 

time   of   holding   primaries   in   cities   determined    by 27$ 

POLITICAL   CONVENTIONS    (see   conventions). 
POLITICAL    PARTIES: 

state  committee  of,  to  prepare  and  adopt  vignette,  specifications  for 

place   of   candidates  of,    on   ticket 

primaries  in  cities  for  choosing  candidates  of,   how   construed.... 

where    and    when    held 

not  to  hold  primaries  in  cities  on  same  day 283 

act  to  protect  primary  elections  of,  and  punish  offenses 389-97 

POLL  LISTS: 

right  of  challenger  to  inspect 

clerks    to    compare 

to  be  placed  and  locked   in  ballot  box 

to  be  compared  before   canvass   is   made 173 

where  delivered  and  filed 184 

inspectors   to    number   name    of    each   voter   on 

when  may  be  produced  in  court 233 

for  each  district,   where  deposited 

etc.,  used  at  election  in  village  districts,  when  and  where  deposited 

ballots   to   be  counted   and    compared    with 

at  local  option  election,  duty  of  inspectors  relative  to 596 

copy  of,   made  by  town,   city  and  county   clerks,   compensation   for 604 

POLLING   PLACE: 

instructions  to  voters  hung  in 168 

unlawful  to  have,  in  saloon  or  bar  room,  changing  of 177 

time  of  meeting  of  electors  at,   of  district  to  transact   business,   etc 267 

at   primary   elections,    how   may   be   arranged 

statements  relative  to  proposed   amendments,   etc.,   to  be  posted   in,  by  whom         583 
POLLS : 

opening   and    closing   of,    proclamation,    etc 143, 322 

noon   adjournment,    in   townships 143 

opening  and  closing  of,  in  counties  where  all  precincts  have  voting  machines         143 

examination   of  ballot   box   before   opening  of 145 

canvass  of  votes  immediately  after  closing  of 173. 

opening   and   closing   of,    in   townships  and    cities 182 

unlawful  to  sell  liquor  on  election  day  after,  close 389 

in  cities  of  fourth   class,  opening  and   closing,   proclamation,   etc 516 

opening   and    closing   of,    at   village  elections 537 

instructions   for   voters   as   to   voting   machines   to   be   placed   in   booth   before 

opening  of    556 

POSTED : 

notices  of  meeting  of  registration   board   in  cities  to  be 88,  89 

notice   of   changing  of   polling   place   to   be 177 

notices  relative  to  division  of  townships  into  districts  to  be 260- 

notices  relative  to  division  of  village  into  districts,  when  and  where 268- 

notice  of  township  meeting  in   new   township 369- 


INDEX.  267 


POUND  MASTERS:  Sections. 

how  and  when  elected,  number  of,  term  of  office  ..........................  300 

when,  elected  at  township  meeting  to  file  notice  of  acceptance  ......  336 

penalty   for  refusing  to  serve  as,  when   exempted   from,   penalty  344 
PRECINCTS  : 

voting,   when   may   be   divided,   proceedings,   how   governed  ..................  142 

in    cities,    council   to   provide   by   ordinance  .........................  '.  142 

opening  and   closing  of   polls   in   counties,  where  all,   have  voting  machines..  143 

chairman   in  each  voting,  to  procure  ballots,   etc.,  from  county  clerk  ......  156 

inspectors   of,    number   "one,"   duties  of,   as   to   consolidation   of   reports   from 

districts    .............................................................  267 

when  village  may  be  divided   into  ..........................  544 

PRESIDENTIAL   ELECTORS  : 

election    of,    when    held  ..................................................  129,  218 

statement  of  votes  for,  by  county  canvassers  ..............................  185 

when   state   board    to   canvass    votes    for  ..................................  210 

number  of,   state  entitled   to\  .....................  .......................  218 

vacancy   in   office   of,   how   filled  ..........................................  219 

when   and   where  to  convene  ......................  .......................  219- 

list  of,  to  be  certified  by  governor  to  secretary  of  state  of  the  U.  S  .........  220 

how  arranged  on  voting  machines,  etc  ....................................  547 

PRIMARIES  : 

in   cities  of  over  15,000  and  under  150,000,   act  relative  to  ................  274-95 

word,  how  construed,  etc  ..........................................  274,  394 

where    held,    etc  ..................................................  .  275 

time   of  holding,   by   whom   determined,   notices,   etc  ..................  27$ 

booths,    who    to    provide  ...........................................  277 

time  of  holding   ..................................................  278 

who  to  preside  at,  inspectors,  who  may  vote  at,  etc  ..................  279-81 

no  two  parties  to  hold,  on  same  day,  duty  of  chairman  ..............  283 

council   may  cause  political  parties  to  hold,   at  certain  time  ..........  284 

misdemeanor   to    solicit    money,    influence   voter,    hire   carriage,    etc  ......  285-6 

proxies  not  to  be  given  by  delegates,  how  elected  ....................  287,  290 

registration    of    voters  .......  ......................................  289- 

how  cities  of  less   than   15,000  may  conduct  ........................  291 

acts    to    remain    in    force,    penalties   for  violation   of   acts  ............  292-5 

ballots   at,   destroying,    etc.,   of,    misdemeanor  ..............................  390 

oath  of  inspectors,  challenge  of  voters,  etc  ................................ 

certain  acts  of  inspectors  at,   a  misdemeanor  .............................. 

delegates,    certain   acts  a   misdemeanor  ......................  .............. 

who    may   vote   at   any  ...............  .  .................................. 

not  to  be  held  in  saloons,  etc.,  polling  places  .............................. 

when  to  begin,  notice,  etc.,  manner  of  voting,  etc  .......................... 

PRIMARY  ELECTION   LAW: 

for  nomination   of  candidates,   etc  ........................................  610-66 

PRIMARY  ELECTIONS: 

act  to  protect  and  punish   offenses  committed  at  .......................... 

use  of  voting  machines  at,  authorized  ....................................  570-5 

PRINTED  INSTRUCTIONS  : 

to  voters,  who  to  furnish,  languages,  etc  .................................. 


unlawful   for,   to   print  ballot   in   other  form,   etc.,   than  prescribed  ..........         154 

PROBATE  JUDGE    (see  judge  of  probate). 

•p-pOr^T     A  -\ir  A  T~i  T  (")  "V"   • 

to  be  mad'e  on  opening  and  closing  of  polls  ............................  143,  321,  53T 

of   changing   of   polling   place   to    be   given  ................................         1T7 

to  be  made  on  change  or  adjournment  of  township  meeting  ................ 

of  opening  and  closing  of  polls  in  fourth  class  cities  ......................         516 

PROOF   COPY: 

of    ballot,    when    placed    on    inspection  ................  .................... 

PROSECUTING  ATTORNEY  : 

election  of,  term  of  office  ................................................ 

arrests  for  offenses  against  elections  reported   to  ..........................         37f 

commission  of,   appointed   by  governor  to  be  transmitted  to   county   clerk....          418 

vacancy  in  office  of,  may  be  filled  by  circuit  judge  ........................         450; 

and   county   clerk  may  appoint  to  fill   vacancies  in  certain  county  offices  ----         4oO 

TDTD  O'V'V   • 

delegates  to  political  conventions  not  to  give  ..............................  287,  399 

PUBLICATION  :  01  - 

of  certificate  of  election  by  secretary  of  state  .............................. 

of  notice  of  division  of  township  into  election  districts  .................... 

of  notices  relative  to  division  of  village  into  districts,  when  and  where  ----  .. 

of  statement  relative  to  proposed  amendments,   etc.,  how  and  by  whom  made 

Q. 

QUALIFICATIONS:  1    . 

of   electors    ............................................................          ±'-«. 

of   electors    for   registration    in    new    townships  ............................          *•*"• 

issue    formed   to   determine,    of   elector  ....................................          -*(•* 

of  voters  and  officers  in  townships  .......................................          *™ 

of  electors  at  school  meetings  ............................................         %g* 

penalty  for  swearing  falsely  as  to,  at  primaries  ............................          «j»i 

to  vote  at  primary  election  .............................................. 

of   circuit   court   commissioner  .........................  •  •  •  •  ............... 

necessary  for  holding  office  of  county  commissioner  of  schools  .............. 

for   office    ........................................................ 

of  electors  at  local  option  election,  registration,  etc  ........................          w« 


268  INDEX. 


QUORUM :  Sections. 

of    board    of    election    commissioners 147 

when  township   board   reduced   below,   or   disorganized,   etc 310 

R. 

RAILING  : 

or  fence  to  be  erected  in  voting  room,  who  to  provide  and  erect 158 

ballots  not  to   be   given   on   outside   of 167 

at   elections,   duty  of  gate   keepers  as  to  admitting  voters 176 

RECEIPT: 

inspector   of   election    to   give,    on   delivery   of   ballots,    etc 156 

person   receiving  ballots   from   special   messenger  to  give,   where  filed 157 

for   unused    and   spoiled    ballots    to   be   given 172 

RECORD : 

of  votes  to  be  made  by  secretary  of  state 202-3 

boundaries,   etc.,   of   election   districts  to   be  entered   on,   of  township   board.  .  261 

abolishing   division    of  townships   into   districts,    action    entered   upon 273 

made  of  statement,  etc.,  relative  to  results,  etc.,  of  canvass 333 

RECOUNT  : 

proceedings  by   county  canvassers  in   case  of 245-8 

proceedings  for  making,  of  ballots 252,  256 

petition  for,  of  ballots  by  candidate  contesting  election 253 

REGENTS  OF  THE  UNIVERSITY: 

number  of,  when  elected,  term  of  office,  vacancies,  etc 67 

election,    canvass    of    votes,    term,    etc 462-5 

REGISTERED    MAIL: 

copy   of   statement   of   election   forwarded    by 175 

REGISTER  OF  DEEDS: 

election    of,    term    of    office 

when  offices  of,  and  clerk  may  be  united  or  disconnected .  . .  . : 47 

term   of  office,  when  elected,   to   give  bond 413 

vacancy  in  office  of,   how  and  by   whom   supplied 414 

how   and   when    may    be    filled    temporarily , 450 

REGISTER    OF   ELECTORS: 

who  to  provide,  how  arranged,  etc 84, 112 

in  cities,  board  to  sign  and  file  with  city  clerk < 90 

when    clerk   to  deliver,   to   election   inspectors 91 

names  not  to  be  entered  in 96 

when  township  clerk  to  deliver,  to  election  inspectors 97 

deceased  and  removed  electors,  names,  how  marked  on 101 

elector   may   demand    certified    copy    of 

penalty  for  mutilating  or  forging  name  upon 103 

copies  of,   to  be  filed   with  county   clerk   and   township  treasurer 104 

how    made   up,    at    first    elections    in    villages 105 

district,    where    deposited     265-6 

etc.,  used  at  election   in  village  districts,   when  and  where  deposited 271 

REGISTRATION   (see  also  board  of  registration), 

act  relative  to,  of  electors  and  to  preserve  the  purity  of  elections 84-113 

in  cities,  how  made,  who  not  entitled  to,  etc 86-7 

of  names  on  election  day * 91,  97 

in   townships   in   1859 93,  94 

in  townships,  who  not  entitled  to,  penalty  for  fraudulent,  etc 

residence  of  elector  a  condition  of 100 

in  new  villages    105 

penalty    for   fraudulent    106 

jurisdiction  of  courts  for  offenses  against,   laws • 107 

in   Wayne   county    113 

act  to  provide  for,  in  new  townships 114-19 

of   electors   in   districts ....  265 


of  electors  in  villages,   how   conducted. 


272 

for  local   option  election,   how  conducted 

of  women    366 

REGISTRATION  BOARD   (see  board  of  registration). 

REMOVAL : 

of   challenger    160 

of   certain    state   and    county    officers,    by   whom 444-9,  453 

REPRESENTATIVE  (DISTRICTS  : 

cities   or   townships   not   to   be   divided    in   formation   of 11 

duties   of   board    of   supervisors    as    to    dividing    county    into 

when   legislature  may   rearrange 12 

statement   of   votes   in,   what   to   set   forth 186 

REPRESENTATIVES   IN  CONGRESS: 

statement  of  votes  for,  by  county  canvassers 185 

when   elected    217 

resignation    of,    notice,    where    filed 217 

REPRESENTATIVES,   STATE  : 

qualifications    of 13 

election    of,    when    held 20 

statement  of  votes  for,  by  county  canvassers .' .'  135 

proceedings   in   case   of   tie   vote   for 240 

special    canvass   for,    to   fill    vacancy ,  249 

resignation   of,   how   and   to  whom   made '  .'  440 

apportionment   of    585 


INDEX.  269 


RE-REGISTRATION :  Sections. 

in    Wayne   county,    when   made,   etc 113 

in   cities  of   the  fourth  class 491 

RESIDENCE  : 

what  deemed,  of  electors •. 2 

not  gained  or  lost  by  reason  of  employment  in  state  or  U.  S.  service 2 

of  elector  a  condition  of  registration 100 

of  electors  in   cities  of  fourth  class 484 

RESIGNATIONS  : 

of   township   officers,    how   made,    where    filed 346 

of  justice  of  the  peace , 346 

how   and    to    whom   made,   vacancy,   how    filled 440-1 

RETURNS : 

blanks   for  making  election,   when,   by  and  to   whom   furnished 250,251 

proceedings   for   correction   of   frauds,   etc.,    in,   made   by    inspectors 252 

of  names,   of  persons  elected   or  qualified,   to  county  clerk 351 

as    to    election    for    justice    supreme    court 474-5 

county    clerk    to   make,    of   vote   of   certain    officers   at   general    election,    when 

and   to   whom    .  .' 581 

S. 

SAILORS  AND  MARINES: 

may  acquire  residence  at  Soldiers'  Home,  where  located 2 

when   deemed  non-resident    2 

SALOON : 

registration   boards  not   to  meet  in,  or  adjacent   to 

elections  not  to  be  held  in,  change  of  polling  place 177 

to   be   closed   on   election   day,   penalty 

primary  election  not  to  be  held  in 397 

to  be  closed   on   certain  days  and  hours 404 

SCHOOL  ELECTIONS  : 

qualifications   of  voters  at 364 

SEAL  : 

election,   who   to   furnish,   what  to   contain,   etc 

election    commissioners    to    provide   themselves    with 156 

on   package   of   official   ballots,   to   be   kept   intact 

election,    who   to   keep,    etc 165, 174 

on   ballot   boxes,    penalty   for  breaking,   etc 374 

SECRETARY  OF  STATE : 

to    keep    record    of    registered    electors 109 

when,    to   give   notice   of   election   to    fill   vacancy 

when,   to  give  notice  relative  to  election  of   state  officers,   etc 132, 133 

when,  to   notify   sheriffs  relative  to  special  elections  to  fill  vacancies 

impression   of  vignette,   etc.,   when   filed   in  office  of 150 

to  certify  to   submission   of  constitutional   amendment 

to    furnish    printed    instructions 

to  be  furnished  with  list  of  officers  elected 

to   be    furnished    copy,    determination    of   district    canvassers 200 

to   record   statement   of   votes » 202-3 

to  appoint   meeting  of  state  board  of  canvassers 

to   make    record    of   state    canvass 

to   notify   persons   elected 209-1 

to   cause  amendments  to  constitution  published  with   laws 

shall   publish  determination  of  state  canvassers 

to  be  notified  of  resignation  or  death  of  congressman 

county   clerk   to   send    copy   of   county   canvass   to 

to   furnish    blanks    for   making   election   returns,    when   and   to    whom 

when   county   clerk   to  transmit   to.   certified   list  of  certain  officers 411 

county    clerk    to   report    appointment    of    county   drain    commissioner   to 43J 

statement  to  be  made  to,  when  vacancies  in  office  occur 

vacancy    in    office    of,    how    filled 4o2 

one   of   state   canvassers,    certificate   filed    with,    etc 475 

duty   as   to    election    of   U.    S.    senator 4<8 

duties   of,   as   to   supplies,   etc.,   used   in   connection  with   voting   machines....          ODS 

districts    using   voting    machines    to    notify 

returns  of  vote  of  certain   officers  at  general  election  made  to,   when  and   by 

number  of 'pamphlets  'printed  by,  'showing  result  of  votes  at  April   election.. 

duties  of,   as  to  publicity  of  proposed  constitutional   amendments,  etc 

to  prepare  blank  statements,  poll  books,  for  local  option  election 

SENATORIAL  DISTRICTS  : 

when   county   may  be  divided   into 

when   legislature  may   rearrange ** 

statement  of  votes  in,  what  to  set  forth 

SENATORS.  STATE  :  iq 

qualifications    of    .™ 

election   of,    when    held -  , 

proceedings    in   case   of   tie   vote   for 5*5 

special    canvass   for,    to    fill    vacancy 

resignation   of,   how   and   to   whom   made 

apportionment  of  

SERVICE  OF  PROCESS: 

not    to    be    made    on    election   day 


270  INDEX. 


SHERIFF :  Sections. 

election  of,  term  of  office,   security,   etc 47,   49.  411 

duty  of,   as   to   notification   of  election 136-7 

when    member   of   board    of   district    canvassers 194 

compensation    of,    for   election    services 223 

duty    as    to    offenses    against    elections 375 

vacancy  in  office  of,  how  and   when   may  be  filled   temporarily 450 

to   notify   clerks   of   election   of   circuit   judge 457 

SLIPS  : 

pasted   on  ballots,   how  counted,   etc 163 

when,  used  in  case  of  tie  of  delegates,  etc.,  at  city  primaries 290 

SPECIAL    CANVASS: 

for  state  senator  or  representative  to  fill  vacancy 249 

SPLIT  TICKETS: 

how    marked,    folded,    etc 163 

SPRING   ELECTION: 

registration    board,    meetings,    etc.,    in    cities    and    townships.. 88,95 

STATE   BOARD  OF  EDUCATION  : 

members  of,   when   elected,   term   of  office,   duties,   etc 69,466 

STATE  CANVASS: 

how    and    when    made 201-13 

STATE  CANVASSERS    (see  board  of  state  canvassers). 

STATE   EMPLOYES: 

not  deemed  to  have  gained  or  lost  residence 2 

STATE   HIGHWAY   COMMISSIONER: 

office  of,   made  elective  in   1913 479 

STATEMENT  : 

of   result  of  canvass,   how   prepared,   etc 

of  county   canvassers,   what   to   contain 185,  239 

of   votes   by   district    canvassers 186,  198 

canvasser's,  how  made  up  and  certified 187 

where   filed    187 

to  be  delivered  by  county  clerk  to  district  canvassers 197 

of   state   canvassers,    what    to   show 206-7 

as    to    canvass    of    votes,    what    to    contain,    when    and    by    whom    made    and 

certified     266 

when   made   and   certified   as  to   result   of  election   in   village   districts,   where 

deposited    271 

made  after   canvass   completed,   by   whom,   what   to   contain,    where   recorded.      332-3 

of  election   of  circuit  judge,   where   returned,   etc 458-9 

of  election   of  regents,    how  and   by   whom   made 464-5 

of  result  of  election   for  justices  of   supreme  court 473-i 

of  votes,   by  election  inspectors  of  village  elections 539 

STATE   OFFICERS: 

to  be  elected  at  general  biennial  election,  term  of  office 23,  72,  226,  479 

statement  of  votes  for,  duties  of  county  canvassers  as  to 

resignation    of,   where   made,    vacancy,    how   filled 440,  443 

removal   of  certain,   by  whom 444-5 

STRAIGHT   TICKET: 

how    marked    by    voter,    folding    of,    etc 

to  be  canvassed   first,   what  ballots   void 

STUDENT : 

at    seminary,    residence    not    gained    or    lost 

SUPERINTENDENT  OF   PUBLIC   INSTRUCTION: 

election    of,    term    of    office 467 

SUPERVISORS   (see  also  board  of  supervisors). 

election  of,  term  of  office 46,  296,  300 

to  constitute  member  board  of  registration 84.  92 

to   act   as   inspector   of   election 

when,   to  act  as  chairman  of  board  of  election   inspectors 

duties  of,  as   to   classification   of   justices    in   new   townships 339-42 

when  to  act  as  moderator  of  township   meeting,   duties,   etc 357-61 

to    notify    county    clerk   of   vacancy    in    office    of   treasurer   or   justice    of    the 

peace    r 

in   fourth   class  cities,   one  of   election   inspectors 517 

T. 
TALLY  SHEET: 

and   ballots   to   be   placed   and   sealed   in   ballot   box 

and  copy  of   statement  of  election  to  whom   sent 175 

TERM   OF   OFFICE  : 

of  elective  officers 23,  72,  226,  434-5,  479 

TICKETS    (see  ballots). 
TIE  VOTE : 

when,   for  governor  or  lieutenant  governor,   legislature  to  choose 75 

in  case  of,  where  drawing  to  take  place 

in  case  of,   how  election   determined 

proceedings    in   case    of,    in    county    offices,    legislature 240 

proceedings    in    case   of,    at    city    primaries 290 

in    case    of,    in    cities    of    fourth    class 

in  case  of,   at   village  elections,   council  to  determine  by  lot 541 


INDEX.  271 


TOWNSHIPS :  Sections. 

when,  are  entitled  to  more  than  one   representative 11 

number  of  justices  of   peace   in 43 

board   of    registration    in,    who   to    constitute,   etc 84,92 

registration  in,   session  of  board,  power,  duties,  etc 95 

in   new,   who   to   constitute   board   of   registration 114 

opening   and    closing    of    polls    in,    and    cities 182 

noon   adjournment,   certain   section   not   to   apply   to 

who  to  constitute  board  of  election   commissioners   in 228 

duties    of     228 

when,   may  be  divided   into   election  districts ...          260 

combined   result   of  district   reports  to  be  official   canvass  of 266 

when   township  board   may  abolish  division  of,   into  election  districts 273 

new,   classification   of  justices   of   the   peace   in 339-40 

who   eligible  to  hold  office   in 352 

TOWNSHIP  BOARD: 

duties  of,  as  to  dividing  township  into  election  districts 142,  260-1 

to  be  board   of  election   commissioners 228 

duties    of    228 

when,    may    appoint    election    inspectors 

when   to  appoint   person   instead   of   justice  of   peace   on   registration   board . . 

when,    may   abolish   division  of   townships   into   election   districts 

when    disorganized    or    reduced    below   quorum,    vacancy   how   filled 

on   request   of   twelve  electors,    may   call    special   township   meeting 

may  appoint  temporarily  to  fill  vacancy  in  certain  offices 348-9 

when,    may    purchase   voting    machines 546 

TOWNSHIP  CLERK: 

election   of,    term    of   office. 53,    296.    300 

to    constitute    member    board    of    registration 84, 92 

when   to   deliver   register  to  election   inspectors 

when   to   deliver   and   certify   to   copy   of  register  of  electors 102,104 

to    forward    secretary   of   state   number   of   registered    names 

duty  of,  as  to   notification   of   election 

to   act    as    inspector   of   election 

to  provide  ballot  box,   key,   election   seal,   etc 

printed    instructions    to   voters   furnished 

to  have  charge  of   ballot   box 

duty   of,   as  to   duplicate   statements  of   result  of   election 

poll   lists   to  be  delivered   to,   and   filed   by 

when  order  for  special  township  meeting  to  be  filed  in  office  of 

to   keep  minutes,   etc.,  and   list  of  persons  voting  at  town  meeting. 

to    record    proceedings   during   business    adjournment    at   town    meeting 

oaths  taken  by  township  officers  to  be  filed  with  and  recorded  by 

when,   to  notify   persons   elected   at  township   meeting 

duties  of,   as  to  classification   of  justices   in   new   townships 

certain  duties  of,   relative  to  elections 3oO-2 

to  give  notice  to  county  clerks  of  the  election  of  justices  of  the  peace 3o2 

notice  of,  of  election  for  circuit  judge 4o7 

copy  of  order  for  local   option  election  to  be  sent  to 

duty  of,   relative   to  poll   list  and   statement  of   local   option  election 

when  to  make  copy  of  poll   list,   fee  for 

TOWNSHIP  ELECTIONS    (see  elections,   township). 

TOWNSHIP    MEETING: 

annual,    how    construed     

board    of   registration,    meetings,    etc.,   of, 

when   held,   officers  elected   at 

election    inspectors    at,    same   as    at    general    elections 

when   notice  of  first,   in  election  district  to  be  given . 2Gi 

where    held,    when    may    be    changed,    proceedings,    etc 302-4 

adjournment    of,    from    time    to    time,    when    purpose    other    than    election    of    - 

officers     miSmn 

first,    after    organization,    when    held,    officers    elected,    etc o  A 

town   clerk  to  keep   list  of  voters,   minutes  of  proceedings,  etc 320,  35 

polls,    when    opened,    proclamation,    etc g^r- 

challenges   at,   governed   same   as  at  general   elections 

appropriation  of  money  and  election  of  officers  at,  by  viva  voce  vote g^» 

when   clerk  to   notify   persons   elected   at «{j* 

who   qualified   to   vote   at g°r 

first,   in  new   townships,   notice,   place  of  holding,   etc 

TOWNSHIP   MEETING,   SPECIAL: 

when   may   be   called  to   fill   vacancy 

call  of.   on  signed  request  of  twelve  electors,  mode  of  procedure 

order    for,    what   to    specify 

within  what  time,  shall  be  called  after  order  made ale 

TOWNSHIP  OFFICERS: 

when,    elected    at    township    meetings   to   take    oath    of   office OCK 

penalty    for    certain,    neglecting    to    qualify wSS 

compensation    of    the    various «. o-n 

increase  of,   upon   ratification   of  electors 

resignations    of,    how    and    to    whom    made 

removal   of.   for   certain   reasons,   by   whom 


272  INDEX. 


TOWNSHIP  TREASURER:  Sections. 

election  of,  term  of  office 53 

to   constitute   member  of   board    of   registration 84. 92 

township   clerk   to   file   copy    of   register  with 104 

election    of,    term    of    office 296,  300 

vacancy   in  office  of,   town   board  may  fill  temporarily 349,  442 

U. 
U.    S.   CONSTITUTION: 

provisions  of    (see   appendix). 
UNITED    STATES    SENATOR: 

penalty  for  attempt  to  corrupt  vote  of  legislator  for 387 

election    of,   by    legislature,    vacancy,    etc.,    relative   to 476-8 

UNUSED  BALLOTS: 

who    to    preserve,    etc 172 

V. 
VACANCY : 

in   office   of   sheriff,   in  default   of   security 49 

in   office  of  regent  of  the  university,   filled   by  governor 67 

in  board  of  registration  in  cities,  how  filled,  etc 85 

in    new    township,    how    filled 118 

when  notice  of  election  to  fill,  in  certain  offices  be  given 131, 134 

how   special   election   may   be  called   to   fill 135,  310 

when,   to   be  filled  at   general   election,   when  notice  to  be   given 138 

in  office  of  congressman,   notice  of,   by  whom   given 217 

in    office   of    presidential    electors,    how    filled 219 

term   of  office  of   persons   elected   to   fill 226 

on   board  of  county   canvassers,   how  filled 238 

special   canvass  to  fill,   in  office  of  state  senator  or  representative 249 

in   board  of  primary  inspectors,   how  filled,   etc 279 

to  city  or  county  convention,   how  filled 287 

in   the   various   township   offices,   term   of   office,   etc 298,  301 

manner  of  classifying  justices  in  case  of  election  to  fill 343 

in   certain   town   offices,    how   filled   temporarily 348-9 

in    political    delegations,    how    filled 399 

in   office  of  county   treasurer,   how  and   by   whom   supplied 406 

in  office  of  register  of  deeds,   how  and  by  whom   supplied 414,  450 

term  of  office  of  county  officers  elected  to  fill,  when  to  commence 420 

in    office    of    circuit    court    commissioner,    how   filled 426 

in  office  of  county  commissioner  of  schools,  how  and  by  whom  filled 430 

in   office   of   county   drain    commissioner,    how   filled 431 

in   office  of  mine  inspector,   how   filled 434,  436 

in  office,   statement  of,  to  be  filed  in  office  of  secretary  of  state 441 

in   certain   state   and   county   offices,    how   filled 443-4 

in  office  of  county  clerk  or  prosecuting  attorney,   how   filled 450 

in   certain    state   offices,    by    whom    filled 452 

appointment    or    election    of    county    officers    to    fill 453 

in   office   of  justice   of   supreme   court,    how    filled 471 

in  office  of  U.   S.  senator,  how  filled,  etc 477 

in   office   of  state  highway  commissioner,   how   filled 479 

in  offices  in  cities  of  fourth  class,  when  and  how  filled 506-8 

in   fourth   class   cities,    in   election    inspectors 517 

person  elected  to  fill,  for  less  than  full  term  to  be  designated  on  ballot 538 

VIGNETTE  : 

of  political  party,   copy   of,   to   be  forwarded   to   election   commissioners 

to   be   adopted   by   political   parties,    size,   etc 

impression    of,    when    and    where    filed 

how    may    be    changed , 

township,    city   or  village   committees,   not   required   to   furnish 228 

VILLAGES: 

registration    of   electors    in 92,    105,    272 

who  to  constitute  board  of  election   commissioners   in 228 

duties    of    228 

division    of,     into    election    districts 268-9 

manner   of   conducting   elections    in,    districts 

when   may  be  divided   into   voting  precincts 544 

VILLAGE    CLERK: 

to    give    notice    of    election 

statement  of  votes  and  certificate  of  election  to  be  filed  with 

to  make  duplicate  certificates  of  election,  where  filed 

to    notify    persons    elected    or    appointed 542 

VILLAGE  COUNCIL: 

to    appoint    election    commissioners,    provide    ballot    boxes,    etc 

to     determine     result     of    election 540 

in  case  of  tie  at  elections,  to  determine  by  lot 541 

when  may  authorize  the  use  of  voting  machines  at  village  election 546 

VILLAGE   OFFICERS: 

number  of,   elected  or  appointed,  term  of  office,  etc 527-31 

VILLAGE   TRUSTEES: 

duties  of,   and  president  as  to  dividing  village  into  election   districts 268 

VIVA    VOCE    VOTE: 

inspectors    of   election,    when    chosen    by 

when   overseers    of    highways   may    be    elected    by 

business    transacted    at    town    meetings    by 328 


INDEX.  273 


VOTERS    (see   also   electors). 

instructions   to,    form    of  ballot,    etc 

assistance  of,   in  preparation  of  ballot 

printed   instructions,   by   whom   furnished,   etc 

unlawful    to    influence    

instructions  for,  information  when,  by  whom  and  to  whom  delivered 

instructions  for,  as  .to  voting  machine  and  time,  may  remain  in  booth .... 
unable  to  vote  intelligently,  by  whom  and  how  assisted 

VOTES : 

statement    of,    by    county    canvassers 

statement   of,  by   district   canvassers 

canvasser's    statement   of,    how    made   up,   filed,   etc 

district    canvass    of,    when    and    where    made 

recount   of,    by    county    canvassers 245-8 

canvass  of,   in   districts,   certified  statement  to  be  made 266 

canvass  and  result  of,  on  questions  submitted  to  electors  at  district  meetings         267 

canvass    of,    in    village    districts 271 

canvass   of,   at   township   elections 330 

canvass   of,    for   circuit   judge 458 

for   regents,    canvass    of    464-5 

canvass    of,    for    supreme    court    justices 473-5 

returns    of,    of    certain    officers   at   general    election,    when,    to   and    by    whom 

made    581 

VOTING   MACHINES  : 

closing  of  polls  in  counties  where  all  precincts  use 143 

who  may  authorize  the  use  of,  at  township,  city  or  village  elections 546,576 

purchase    and    use    of 546-80 

how    constructed,    how    used    by    electors 547 

payment  for,  by  bonds,  etc.,  by  whom 549 

supplies,    rules    and    instructions    in    connection    with    use    of,    by    whom    fur- 
nished      550,  568 

ballot    labels   for 551 

model   of,  to  be  set  up  and  operation  of,  explained  to  voters 

preparation   of,   by  county    clerk,   sealing 553 

custodian    of,    appointment   and    duties 553-4 

instruction    to    inspectors,    relative    to    operation    of 

instructions  for  voters   as  to  using,   to  be  placed   in  booths 

assistance  given   voters   where,    are   used 

statement  of  votes  shown  by,  when  to  be  ascertained  and  proclaimed 56«?;I 

districts   using,   to   notify    secretary    of   state K A  f 

use   of,    at   primary    elections 57U-D 

W. 
WAGER : 

on    election,    penalty    for    377^9 

WARD   COMMITTEE: 

notice  of  time  for  holding  primaries  in  cities  given  by 

one  of,   in  city  primaries,   one  of  board  of  inspectors 279 

WARDS:  1AA 

residence   in,    condition   of   registration 

primaries   in   cities,   held   in,   at   same  time ,100 

change  of  boundaries  not  to  affect   aldermen 

electors    in,    division    of,    into    precincts,    etc AOO-M 

registration,    election   districts,    new,    etc AQR 

two  aldermen  elected  in  each » 

WAYNE   COUNTY: 

re-registration  of  electors  in,  when  made 

board    of    election    commissioners   in,    who    to   constitute 

nominee  in,   of  two   parties  to  give  notice  specifying  choice 

failure  to  give,   name   how   placed 

committees,    to   forward    vignette   and    names   of    candidates   to    election   com- 
missioners      

who  to  constitute  board  of  county  canvassers  in 

act   for  approval   of  county  officers'   bonds,   not  to   apply  to 439 

WOMEN : 

may    vote    in    certain    cases 00* 

qualifications   of,    voters 
35 


INDEX  TO  THE 

PRIMARY  ELECTION  LAW 


INDEX 

TO    PRIMARY    ELECTION    LAW 


The  references  are  to  compiler's  sections. 

ADVERTISEMENT :  «p.t}oi 

in    papers,    restriction    placed    on    candidate fi^fi  fj^q 

AFFIDAVIT :  D>  oa 

enrollment    by     fi1Q 

APPORTIONMENT  : 

of  delegates  to  state  convention,   who  to  determine 627 

conduct    of,    officers    nominated,    etc 61066 

state  convention  held  within  forty  days  after '.'.'.'.'.'.'.'.'.'.'.'.          652 

BALLOTS : 

form    of,    color    of,    etc 304 

submitting  proposition,   form,   color  and  size  when  more  than  one  proposition 


submitted 


624 


instruction,    number    printed,    color .  .  .  . 

who  to   prepare,   what  to   contain,   colors,   etc '.  628 

place  upon,   for  writing  names  of  proposed  county  delegates 629 

preparation   of,    in   cities   where  officers  not   elected   at   November  election....  630 

preparation   of,   by   board   of   election    commissioners,   how   governed 630 

for   political   party,    number   to    be   printed 631 

how    prepared,    numbered,    etc 633 

official    primary,    form    of 633 

elector    to    state,    desired 643 

cas^  by  challenged  elector,  record  to  be  kept  of 643 

folding    of    644 

penally    for  exposure   of 644 

rejection    of    645 

counting    of ' 645 

printing:   of   names   on 650 

BALLOT  BOXES: 

provision    for    611 

etc.,    returning    of     f 646 

when,  to  be  opened  in  case  of  recount 649 

BANNER : 

campaign,     unlawful     to    post 656 

unlawful   to   distribute,   etc.,   above   certain  size 657 

BLANK    BALLOTS: 

to   be   prepared,   when   used,   etc 628 

BLANK    FORMS : 

of  nomination   petitions,   county,   etc.,  clerks  to  prepare,  etc 639 

BOARD  OF  CANVASSERS  : 

to   certify  nominee  to   election   commissioners 648 

duty    of,    relative    to    recount 649 

BOARD   OF   ELECTION   COMMISSIONERS: 

to    prescribe    size,    etc.,    of   ballots 624 

to   prepare,    etc.,    ballots 628,  630 

duty    of,    in    certain    cities. 63C 

how   governed    in   preparation   of   ballots 63( 

number  of  delegates  each  election  district  entitled  to,  to  be  certified  to 

new   parties  to   certify  to,   number   of  ballots   necessary 633 

duty  of,   relative  to  delivering  ballots,   etc.,  to  county  clerk 

to  certify  names  of  certain  delegates  to  county  clerk 

duty   of,    relative   to    printing   names   on   ballot 650 

BOARD  OF  ELECTION  INSPECTORS: 

to  constitute  enrollment  board 

when,    may    enroll   elector   on   primary   election   day 

re-enrollment  by  voter  changing  party  affiliations 


278  INDEX. 


BOARD  OF  STATE  CANVASSERS:  Sections. 

who   to  appoint   meeting,  of  ..............................................  647 

how  to  proceed  in  canvass  of  votes  for  U.  S.  senator,  governor,  etc  ..........  647 

to   certify   nominations    .................................................  648 

C. 

CALLS  : 

for    state    convention,    when    issued,    etc  ..................................  652 

CAMPAIGN   CARDS: 

unlawful   to  distribute,   etc.,   above  certain   size  ............................  657 

CANDIDATES  : 

for    circuit    judge,    election    of,    when    held,    etc  ............................  624-5 

for  city  offices,  when  nominated  ..........................................  625 

sum   paid  by,   in   certain   cities  previous  to   printing  of  name  on   ballot  ......  636 

unlawful    for,    to   procure   more   than    maximum    number   of    names    on    nomi- 

nation  petition    ......................................................  639 

list    of,    to    be    publicly    exposed  ..........................................  640 

secretary  of  state  to  certify  names  of,  to  boards  of  election   commissioners.  640 
not    deemed    nominated    when    party    vote    less    than    fifteen    per    centum    of 

preceding    election     ...................................................  646 

notice  to  opposing,   in  case  of  recount  .................................... 

certain,   names   of,   certified   to   election  commissioners  ......................  650 

when    nominated   by   more   than   one  party  ......................  .-  .........  650 

for   county    officers    to    elect    chairman   and    secretary    of    county    committee  .  .  650 

unlawful    for,    to    post    card,    banner,    poster,    etc  ..........................  656-7 

unlawful    to    solicit    money,    etc.,    from  .................................... 

restriction    placed    on,    in    advertising  ....................................  659 

unlawful    for,    to    treat    ................................................  660 

CANVASS   OP  VOTES  : 

and   return   of  votes   cast   at   primary   submitting  question  ..................  624 

how   made   for   candidates   in   judicial    districts  ............................  624 

law    regulating     ........................................................  611,  647 

CARDS  : 

campaign,    etc.,    unlawful    to    post  ........................................  656-7 

printing  of,  by  county  clerk,  what  to  contain,  etc  ..........................  664 

CERTIFIED   COPIES: 

of  votes  for  certain  candidates  to  be  transmitted  to  secretary  of  state  ......  647 

CHAIRMAN  : 

duty    of,    relative   to   charge   of   enrollment   board  ..........................  617 

of   enrollment   board,    duty   of,    relative   to    enrollment  ......................  618 

of   township,   etc.,    committee  to  notify   delegates  elected  to  convention  ......  627 

of   county    committee,    when    to    certify    number    of   delegates   to    county    con- 

vention    ......................................  .......................  630 

of    county    committee,    how    and    when    elected  ............................  650 

CHALLENGE  : 

of   voters   at   primary    ..................................................  643 

CHALLENGERS  : 

powers   of    .............................................................  644 

CIRCUIT  JUDGE: 

nomination    of,   how   made,    date   of,    etc  ..................................  624-5 

when   secretary   of   state  to   canvass   vote   relative   to   direct   nomination   of.  .  624 

CITIES  : 

primaries    in,    when    effective  ............................................  -       610 

enrollment    in     .........................................................  613 

certain,   subsequent   submission  under  direct   nomination   system   by  ..........  621 

under  commission   form   of  government,   primary   act   not  to  apply  to  ........  625 

certain,    officers    nominated    at    primaries  ..................................  626 

having   no    wards,    delegates   elected    from    entire    city  ......................  627 

nomination    petitions   of   local    officers   in   certain,   time   set   for   filing  ........  640 

certain,    time    polls    left    open  ..........  .'  .................................  641 

not   adopting  certain  provisions   to   nominate   in   conventions  ................  650 

nomination    of    party    candidates    in    certain,    provisions    governing  ..........  653 

CITY   CLERK  : 

nomination   petitions   in   certain   cities   addressed  to  ........................  622 

when    certain   duties   of,   performed   by   secretary   of   state  ..................  624 

primary  election,  notice  of,   when  given  by,   submitting  direct  nomination  ....  624 

duty    of,    relative    to    nomination    petition  ................................  624 

primary    election    ballots    to    be    filed    with  ................................  631 

nomination   petitions   of   city   officers   to  be   filed   with  ......................  636-7 

to  prepare,   etc.,  blank  forms  of  nomination  petitions  ......................  639 

to  prepare,  etc.,  list  of  candidates  ........................................  640 

duty  of,  relative  to  delivering  of  register  of  electors,  etc  ..................  664 

CITY  OFFICE  : 

direct  nomination  of  party   candidates   for,   submission  of  question  ..........  621 

petition    relative   to   nomination    in    certain    cities   to,    where   addressed  ......  622 

CITY   OFFICERS  : 

nomination    of,    at    primaries  ............................................  626 

__         signatures  required  upon  nomination   petitions  of  ..........................  636 

L  L  I'.IxK  : 

extra,    for   enrollment    day  ...........  614 

COMMISSION    FORM    OF    GOVERNMENT: 


COMMITTEES**6*'   prim&ry   act   U0t   to   apply   to  ...............................          625 

county,    how   chosen,    etc  ............................  .  ...................    650-51 


INDEX.  279 


COMMON   COUNCIL:  Sections, 

power  of,    in   certain    cities   to   hold   polls    open 641 

CONGRESSMAN  r 

nomination   of    626 

canvass    of    votes    for 647 

CONVENTION  : 

when    delegates    elected    at 627 

state,    when    held,    etc : 652 

COPIES : 

certified,    of   list    of   candidates   to   be   posted 640 

CORRECTION   BLANKS  : 

secretary  of  state  to  prepare,   etc 615 

COUNTY   CLERK: 

duty    of,    relative    to    enrollment    book 615 

corrections  and  additions  to  enrollment  book  reported  to 616 

when  certain  duties  of,  performed  by  secretary  of  state 624 

proof  copies  of  ballot   to  be  on  file  in  office  of 631 

to    furnish    primary    pamphlets    to    election    Inspectors 632 

nomination    petitions    of   district    officers    filed    with 035 

new   party    petitions,    for   district   or   county   offices,   filing  of,   with 037 

to  prepare,   etc.,   blank   forms  of  nomination   petitions 639 

nomination    petitions,    time    set    for   filing   with 640 

duty    of,    when    nomination    petitions    deficient 640 

to   certify   names   of  candidates   who    meet   requirements 640 

to    prepare,    etc.,    list    of    candidates 640 

duty  of,   relative  to  distribution  of  ballots,   etc 642 

to    certify    delegates    to    county    convention 645 

to  transmit   certified  copies   of  votes  for  candidates  to  secretary  of  state....  647 

duty   of.    relative   to   printing   certain   sections   of   primary   act 664 

COUNTY  COMMITTEE: 

when    number   of   delegates   to    state   convention    certified   to   chairman    of....  627 

to    indicate    how    delegates    selected 627 

chairman  of,    when  to   certify   number  of  delegates  to   county   convention ....  630 

of  new  party,   to  certify  number  of  ballots  necessary 631 

what    to    constitute 650 

chairman   and   secretary   of,   how   and   when   elected 650 

to  issue  call   for  meeting  of  county  convention 651 

at    convention,    to   be    chosen    by    each    party 651 

COUNTY  CONVENTION: 

election    of   delegates   to 627 

delegates  to,   how   chosen    645 

when    held,    how    designated,    etc 651 

COUNTY   OFFICERS  : 

nomination    of,    at    primaries : 626 

signatures  required  upon   nomination   petitions   of 636 

COUNTY  OFFICES: 

candidates    for,    when    nominated 625,  626 

when  to   elect  chairman   and   secretary   of   county   committee 650 

CUSTODIAN  : 

who   to  be,   of  general   registration   book. 616 

of    enrollment,    etc.,    books,    when    to    forward    to    county    clerk,    etc.,    copy    of 

enrollment    book    616 

to  deliver  enrollment  book  to  board 617 

D. 
DEATH : 

or    withdrawal    of    candidate .  . . 650 

DEFICIENT    PETITIONS: 

duty  of  secretary  of  state,  etc.,  relative  to 640 

DELEGATES : 

to   political    convention,    nomination    of,    at    primary    election 012 

to   county   convention,    when    selected    in    convention 627 

election   of,    to   county    convention,    number,    etc. 627 

to  state  convention,   when   number  certified   and   apportioned 627 

when    chosen 651 

to    county    convention,    chairman    of    county    committee    to    certify    apportion- 
ment   of    630 

who    declared     645 

DEMOCRATIC   PARTY  : 

ballots   for,    to    be    printed    upon    blue    paper 630 

DEPOSIT : 

petitioner   for   recount   to   make 649 

DISTRICT  OFFICERS: 

signatures    required    upon    nomination    petitions    of 635 

DISTRICTS : 

not    adopting    certain    provisions    to    nominate    in    conventions 650 

DITTO   MARKS: 

not   to   be   used    in    enrollment    book 615 

E. 
ELECTIONS  : 

expenses    of,    how    defrayed 611 

how    conducted,    etc 611 

result  of,  how  declared,  etc 646 


INDEX. 


ELECTION   COMMISSIONERS  :  Sections. 

board  of,   duty  of,   relative  to  ballots 624,   628.   630 

duty  of,   in  certain   cities 630 

nominees  to   be   certified   to 648 

ELECTION    INSPECTORS: 

to   constitute  enrollment   board 614 

when  board  of,  may  enroll  name  of  qualified  elector 619 

primary    pamphlets   to    be    furnished 632 

to    preside    over    primary    election 642 

number    of,    when    may    be    reduced 642 

to   act    as   challenger   in    certain    cases 643 

duty   of,   relative  to   ballots 644 

to  certify  names  of  delegates  to  county  convention 645 

pasting  of  certain  slips  on  ballot  by 650 

to  cause  certain  sections  to  be  posted 664 

ELECTOR: 

enrollment  of,  under  direct  nomination  system 613,  615,  617,  619 

who   deemed   qualified,    at   primary   election 613 

re  enrollment   of    613 

voting  in  new  precinct 619 

enrolled,    change   of   party   affiliation    of 620 

oath    of,    when    challenged 643 

to   state   ballot   desired 643 

ENROLLMENT : 

notice    of     611 

in     cities     613 

party,    when    and    how    made 613 

of  voters  of  a  particular  party,   date  of 613 

failure   to   hold,    penalty 615 

ENROLLMENT  BOARD: 

what   to   constitute,    sessions   of,    etc 614 

duty   of,    relative   to   primary   enrollment 615 

penalty   for   failure   of,   to   hold   enrollment 616 

when,    to  review,    etc.,    enrollment   book 617 

ENROLLMENT   BOOK: 

form    of,    what    to    contain,    etc 615 

corrections,    etc.,   to,    to   whom   furnished 615-16 

custodian    of    616 

review    of    617 

duty   of  chairman   relative  to   form   of 618 

ENROLLMENT  CLERK: 

enrollment  board  may  employ,  on  enrollment  day > 614 

duty   of,   relative  to   blank   leaflets 615 

ENROLLMENT   DAYS: 

certain    days    designated    as 613 

EXPENSES  : 

of    elections,    how    defrayed 611 

G. 
GENERAL   ELECTION   LAW: 

certain  provisions  of,   to  govern  primary   election 642 

GOVERNOR : 

nomination  of,  at  primaries 625 

signatures    required    upon    nomination    petition   of 634 

canvass    of    votes    for 647 

H. 

HALF-TONE   ENGRAVING  : 

unlawful    to    post 656 

size    of,    for   publication    in    newspaper 659 

HAND  BILL: 

campaign,  unlawful  to  post 656 

unlawful  to  distribute,   etc.,   above  certain   size 657 

I. 

INSTRUCTION   BALLOTS: 

printing    of,    color,    etc 628 

J. 

JUDICIAL   DISTRICT: 

when,   composed   of  more   than   one   county 624 

L. 

LIEUTENANT  GOVERNOR: 

nomination    of,    at    primaries 625 

nomination  petition   for,   what  per  cent  of   signatures  required 634 

canvass  of  votes   for 647 

LIQUORS  : 

circulating  of,   at  polls 655 

unlawful   for  candidate   to  buy   elector 660 

LIST  : 

of   candidates,    who    to    prepare,    etc 640 


INDEX.  281 


LITHOGRAPH :         .  Sections. 

unlawful    to    post 656 

etc.,    unlawful    for    candidate    to    publish 659 

size  of,  for  publication  in  newspaper 659 

M. 
MARCH  PRIMARY: 

election  -of  county  officers,  etc.,  at 625 

state    convention    held    within    fifteen    days    after.  . 
MEETING : 

of  enrollment  board 614 

of   board   of   state   canvassers,    who   to   appoint I ..........  647 

MISDEMEANOR  : 

who  deemed  guilty  of 654  661-9 

MONEY : 

unlawful    to   use,    in    influencing   voter 654 

etc.,   soliciting   of,    from   nominee   unlawful 658 

N. 

NAMES  : 

arrangement    of,    in    enrollment    book 615 

number   of,    required    on    petition   for   direct    nomination 621 

of  candidates  may  be  written,   etc.,  on  ballots  for  special   election 625 

of  delegates  to  county  convention  not  to  be  printed  on  ballot 627 

of  candidates  to  be  publicly  exposed  in  office  of  secretary  of  state,  etc 640 

printing  of,   on   ballot 629,  650 

NEW   POLITICAL   PARTY: 

enrollment   of   voter    in 613 

who  to   determine  number  of  ballots  for 631 

how  to  obtain  printing  of  name  of  candidate  of 637 

candidates  of,  names  required  on  nomination  petitions  of 637 

when  voter  may   re-enroll  as  member  of 637 

nomination   petitions   of   candidates   of 639 

NEWSPAPER  : 

candidate,   restrictions  placed  on,   in  advertising  in 659 

NOMINATION  : 

of  party  candidates  in   cities  of  less  than  seventy  thousand 621 

of   person   by   more   than   one   party 650 

of   candidate   in   certain  cities,   in   convention 650 

NOMINATION  PETITION  : 

candidate  to  file,  before  name  printed  on  ballot 629 

where  filed,  who  may  sign,  form  of,  etc 634-9 

who  may   sign,  etc 636 

elector  not  to  sign  more  than  one  for  same  office 63S 

open   to    public    inspection,    etc 639 

time  limited  for  filing 640 

NOMINEES : 

when,    may   name   committee 6oO 

NON-PARTISAN  BALLOT: 

when   city  officers   elected   on,   primary   act   not   applicable 625 

NOTICE  : 

relative   to    enrollment    and    election 611 

for  convening  of  enrollment  board  when,   how,   where  given 614 

of  primary  to  vote  on  direct  nominations,  when  county  or  city  clerk  to  give.  .  624 

O. 
OATH: 

elector  to  make,   when  enrolling  on  primary   election   day 

of  challenged  elector,  form  of 643 

OFFENSE : 

prosecution   for,   when   to  be   commenced 663 

OFFICERS  : 

duty  of,  relative  to  election 

election,   duty  of  same  as  under  general  election  law 

when    guilty    of    misdemeanor 

P. 

PAMPHLET  COPIES: 

of  primary  law,  secretary  of  state  to  furnish 632 

PARTY  ENROLLMENT  BOOK: 

custodian   of,   review   of,   etc 616-17 

PASTERS  : 

unlawful  to  distribute,  etc.,  at  primary  election 

PENALTY : 

for  soliciting  votes  unlawfully 

upon   conviction    of   misdemeanor 

for  neglect  of  duty  of  officer 66J 

PETITION  : 

relative  to  nomination,  of  party  candidates  for  certain  offices 621«'060S 

to   whom   addressed,    form   of °  oo< 

signing  of,  relative  to  nomination  of  candidates  in  certain  cities 

relative  to  nomination  to  offices  in  certain  cities,  etc.  where  addressed 

form  of,   relative  to  direct  nomination 


282  INDEX. 


PETITION— Continued.  Sections. 

relative   to    direct    nomination,    by    whom    examined 624 

nomination,   to  be   filed   before  candidates'  name  printed  on   primary   ballot.  .          629 

for  governor,  etc.,  what  percentage  of  signatures  required 634 

relative  to  the,  of  county  officers,   filing 636 

who  may  sign,  etc 636 

of   new   parties,    who   to   sign 637 

form   of  all    688 

public  inspection  of,  after  filing  of,  with  secretary  of  state. 639 

blank  forms  of,  kept  by  county  and  city  clerks 639 

unlawful  to  sign  more  than  one,'  for  same  office 639 

time  set  for  filing  of,   with   city  clerk 640 

time   set   for   filing   of   with   secretary   of   state 640 

to  board  of  canvassers  for  recount 649 

for  submission,  etc.,  how  governed  in  certain  cities .  .  < 658 

PHOTOGRAPH : 

unlawful  for  candidate  to  post 656 

POLLS : 

opening  and  closing  of 

liquors,   use  of,   at 655 

POSTER : 

campaign,    unlawful    to   post 

unlawful  to  distribute,   etc.,   above  certain   size 657 

printing  of,   by   county   clerk,   what   to   contain,    etc 664 

PRIMARY  DAY: 

enrollment   on    613 

PRIMARY  ELECTION: 

how  made,  when  held,  etc 610-11 

definition  of   612 

no  person   to   vote  at,   unless  enrolled 

notice  of,   submitting  direct  nomination  of  party  candidates 624 

for  nominating  candidates  for  circuit  judge,  when  held,  etc 624,  625 

general,    when   held    625 

provisions  of  general  election  law  relative  to  furnishing  ballots,  etc.,  appli- 
cable  to    

result   of,   how   declared 

candidates  for  county  offices  to  elect  chairman  and  secretary  of  county  com- 
mittee  within  ten   days   after 

to  be  deemed  election  day 665 

PRIMARY  ELECTION  LAW: 

certain  sections  of,  to  be  printed  on  cards,  etc.,  posting,  etc 

PROHIBITION   PARTY: 

ballots  for,  to  be  printed   upon   red   paper 

PROSECUTION  : 

for  offenses  mentioned  in  this  act 

PUBLICATION  : 

of  notice,  of  list  of  certified   candidates 

Q. 
QUALIFIED  ELECTOR: 

definition  of   612 

R. 
RECORD : 

to  be  kept  of  ballot  cast  by  challenged  elector 648 

RECOUNT : 

candidates  may  petition  for,  deposit,  etc 649 

RE-ENROLLMENT : 

of  electors    613 

of  elector,   application   for 620 

on   primary   election   day    637 

REGISTER  OP  ELECTORS  : 

to  be  furnished  the  inspectors  by  city  clerks 664 

REGISTRATION  : 

of  electors  on  election  day 619 

REGISTRATION   BOOKS: 

custody   of    616 

REPRESENTATIVE  : 

in    congress,    nomination    of,    at    primaries 626 

state,    nomination    of,    by    direct    vote 626 

signatures,   required   upon   nomination   petition  of 635 

nomination  of  two   or  more  candidates  in  each  party 635 

canvass    of    votes    for 647 

districts  comprised  of  more  than  one  county 650 

REPUBLICAN   PARTY: 

ballots   for,   to  be  printed  upon  white  paper 628 

RE-SUBMISSION  : 

of  question   of  direct  nomination   of  party   candidates  in   certain   cities 621 

RETURNS  : 

election,    canvass    of,    etc 647 

when,  deemed  correct,  in  case  of  recount 649 

REVIEW  : 

of  enrollment  book,  by  whom 617 


INDEX.  283 


S. 

SECRETARY  :  Sections. 

of  county   committee,   how   and   when  chosen  ..............................  650 

SECRETARY   OP   STATE  : 

duty  of,  relative  to  enrollment  book  ......................................  615 

corrections  and   additions   to  enrollment  book   reported   to  ..................  618 

votes  cast  for,  bearing  of,  on  candidates  In  cities  less  than  70,000  ..........  621 

duty    of,    relative    to   judicial    districts  ....................................  624 

duty    relative   to    furnishing   pamphlets   of   primary    law..  ..................  632 

nomination    petitions    for    U.    S.    senator,    governor    and    lieutenant    governor 

filed  with    ...........................................................  634 

of  new  parties  ...................................................  637 

district   officers,   nomination   petitions   relative  to,  filed   with  ................  635 

nomination    petitions,    to   keep   record   of  ......  .  ...........................  639 

time  set   for   filing  of   with  ........................................  640 

duty    of,    relative    to    certifying    names    of    candidates    to    certain    boards    of 

election    .............................................................  640 

duty  of,   when  nomination  petitions  deficient  ..............................  640 

to    prepare,    etc.,    list    of    candidates  ......................................  640 

county  clerk  to  transmit  certified  copies  of  votes  to  ........................  647 

duty   of,    relative   to   calling   meeting   of   canvassers  ........................  647 

nomination  of  U.   S.   senator  certified  to  ..................................  648 

to    certify   nomination   of   U.    S.   senator  to   next   legislature  ................  648 

SENATOR  : 

state,   nomination    of  ....................................................  62* 

United  States,  nomination  of,  at  primaries  ................................  625 

petitions  to  be  filed   with   secretary  of  state  relative  to  nomination  of  634 

of   new   party,    nomination    petition   relative  to  ......................  637 

canvass  of  votes  for  ..............................................  647 

nomination  of,  to  be  certified  to  secretary  of  state  ..................  648 

SIGNATURES  : 

percentage  required   on  petition   for  submission  ............................ 

required  upon  nomination  petitions  of-  certain  officers  ......................  634 

nominating  petitions  of  new  parties,  number  required  ......................  637 

QT  TT>CS   • 

unlawful  to  distribute,  etc.,  at  primary  election  ............................         625 

SOLICITING  : 

of   votes,   unlawful  ...................................................... 

SPECIAL  PRIMARY  ELECTION: 

when    called,    etc  ..........................  ,  .............................         625 

STATE  CENTRAL  COMMITTEE  : 

when,   to  certify  number  of  delegates  to  state  convention  .........  *  ......... 

to    certify    number    of    ballots    necessary  .................................. 

meeting  of  board  of  state  canvassers  certified  to  .......................... 

to   designate   date   of   county    convention  .................................. 

to   issue  call   for  state  convention,  etc  .................................... 

selection  of,  at  state  convention  .......................................... 

STATE   CONVENTION: 

who  to  certify  number  of  delegates  to  .................................... 

election  of  candidates  for  .....................................  ........... 

when   held,   etc  ..........................................................          6o2 

STATEMENTS  :  RAR 

to  be  delivered,   etc.,  by  election  officers  .................................. 

STATE    OFFICERS:  ftni 

nomination    of,    at    state    convention  ...................................... 

BMoSfSquestion  of  direct  nomination  of  party  candidates  in  certain  cities  ........          621 

of  question   of  direct  vote,   petitions   for  .................................. 

SUPPLIES  :  fi4fi 

disposition  of,  etc.,  after  counting  of  votes  ................................ 

T. 
TALLY  SHEETS:  ft.R 

duty   of   election   officers   relative   to  ...................................... 

TIE  VOTE:  P4Q 

determined    by    lot  ...................................................... 

i          election   of  delegates  from,   to  county   convention  ..........................         627 

TOWNSHIP    BOARD:  .... 

power  of,   to   hold   polls   open  ............................................ 


TOWNSHIP  ^  delivery  of  register  of  electors,  etc  ....................          664 

TREATING  :  ftfln 

by    candidates,    etc.,   unlawful  ............................................ 

mvyr^-^rp-y      T^T^T?      C'FN'T  " 

of   enrolled   voters  required   on   petition   for  submission,   etc.,   of  direct  noml- 
nation    .................................................... 

U. 

UNITED  STATES  SENATOR   (see  also  senator). 

nomination  of,  at  primaries  .............  ,V,*  '  **  i  .......................... 

signatures   required    upon    nomination    petition   of  .......................... 


284  INDEX. 


V. 

VACANCY :  Sections. 

in   office,  when  special  election  held  to  fill 625 

in   delegation   to   county   convention,   how   filled 627 

action  taken  in  case  of 650 

when,  not  filled  by  committee. 650 

VILLAGE   CLERK : 

duty  of,  relative  to  delivery  of  register  of  electors,  etc 664 

VOTERS    (see  also  electors). 

enrollment  of 613,  617 

unlawful   for,  to  sign  more  than  one  nomination  petition  for  same  office. ...  639 

VOTES : 

canvass   of 624 

canvass  of,   for  U.   S.   senator,   governor,   etc 647 

soliciting,    unlawful    655 

W. 
WARD: 

election  of  delegates  from,  to  county  convention 627 

cities  not  having,  delegates  chosen  from  entire  city 627 

WITHDRAWAL  : 

or  death  of  candidate 650 

WITNESSES  : 

not  liable  to  criminal  prosecution,  relative  to  testimony 663 


